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MARGARET TORTORELLO, Respondent, v. RICHARD TORTORELLO, Appellant.

Ordered that the amended judgment is affirmed, with costs.

After hearing the conflicting testimony of the parties, the trial court found that the defendant husband had engaged in a course of cruel and inhuman treatment of the plaintiff wife rendering continued cohabitation unsafe and improper. In so finding, the court necessarily credited the plaintiff's testimony as to several incidents of violence by the defendant against her, and necessarily rejected the defendant's denial of those incidents. This determination was well within the domain of the trial court (see, Brady v. Brady, 64 N.Y.2d 339), and we perceive no basis upon which to disturb it. Weinstein, J.P., Rubin, Kunzeman and Kooper, JJ., concur.

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TORTORELLO v. TORTORELLO
(Oct 13, 1987)