Edward Brady v. Dorothy Brady

[64 N.Y.2d 339 Page 342] Opinion OF THE COURT Plaintiff Edward Brady has brought this matrimonial action against his wife, defendant Dorothy Brady, seeking a divorce and sale of the marital residence. The complaint alleged, as grounds for obtaining a divorce, that Mrs. Brady committed acts constituting cruel and inhuman treatment and constructively abandoned plaintiff by refusing to engage in sexual relations with him (see, Domestic Relations Law § 170). The question presented is what conduct constitutes cruel and inhuman treatment in a long-term marriage so as to give rise to a cause of action for divorce. More specifically, we must determine whether the principles set forth in Hessen v Hessen (33 N.Y.2d 406), with respect to the necessary showing of cruel and inhuman treatment in a long-term marriage, are still to be followed.