New York Court of Appeals

Edward Brady v. Dorothy Brady

February 14, 198564 N.Y.2d 339

Summary

The New York Court of Appeals affirmed the Appellate Division's decision, holding that the heightened evidentiary standard for cruel and inhuman treatment in long-term marriages established in Hessen v. Hessen remains applicable regardless of the 1980 statutory amendments or the Orr v. Orr equal‑protection decision. The trial court erred by granting a divorce on the basis of a "dead marriage" without a sufficient showing of such treatment.