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Hird v. Hird

170 A.D.2d 1049 Court N.Y. App. Div. Decision date 1991-02-01 English

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p. 1049
Lloyd Hird, Respondent, v Hyacinth Hird, Appellant.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff a judgment of divorce on the ground of cruel and inhuman treatment. Although the court should have stated "the facts it deems essential” (CPLR 4213 [b]), reversal is not required because

p. 1050
the record on appeal is complete and permits this court to make the proper findings (see, Katzenstein v Katzenstein, 90 AD2d 533 , 534; Schwartz v Schwartz, 52 AD2d 874 ; Keklak v Keklak, 49 AD2d 926 ). The testimony established that defendant physically and verbally abused and threatened plaintiff and that defendant was involved in an extramarital relationship during the marriage (see, Pfeil v Pfeil, 100 AD2d 725 ; Barry v Barry, 93 AD2d 797 ; McPherson v McPherson, 53 AD2d 791 ). Corroboration of plaintiff’s testimony was not required (see, Borg v Borg, 107 AD2d 777 , 778, lv denied 65 NY2d 606 ; D’Amato v D'Amato, 96 AD2d 849 ). (Appeal from Judgment of Supreme Court, Kings County, Rigler, J.—Divorce.) Present—Denman, J. P., Green, Balio, Davis and Lowery, JJ.

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