New York Court of Appeals

Jules J. L. Hessen, Appellant-Respondent v. Penelope Hessen

February 21, 197433 N.Y.2d 406

Summary

The New York Court of Appeals affirmed the Appellate Division’s increase in alimony and upheld the trial court’s dismissal of the husband’s divorce complaint on the ground of cruel and inhuman treatment, while dismissing the wife’s cross‑appeal as she was not aggrieved. The Court held that the lower courts acted within their discretion and that the statutory framework limits the application of the cruel‑and‑inhuman‑treatment ground.