You are entitled to a Defense

April 3, 2007 Page 1.

SHAGOURY v SHAGOURY

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

D14539

C/hu

AD3d Argued - February 20, 2007

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-07041 DECISION & ORDER

(Index No. 18409/02)

In an action for a divorce and ancillary relief, the defendant husband appeals from a

judgment of the Supreme Court, Queens County (Fitzmaurice, J.), dated May 24, 2005, which, after

a nonjury trial, inter alia, granted the plaintiff wife a divorce on the ground of cruel and inhuman

treatment.

ORDERED that the judgment is reversed, on the law and in the exercise of discretion,

without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County,

for a new trial, before a different Justice.

The plaintiff wife commenced this action seeking, inter alia, a divorce on the ground

of cruel and inhuman treatment. The husband counterclaimed for a divorce on the same ground, but

based, in effect, on allegations of abandonment and adultery. Contrary to the husband’s contention,

the wife presented evidence which, if believed, would support the Supreme Court’s finding of cruel

497-498). Nevertheless, under the unusual circumstances presented, a new trial is required because

April 3, 2007 Page 2.

SHAGOURY v SHAGOURY

the trial court impermissibly and repeatedly precluded the husband from eliciting relevant testimony

in his defense, as well as in support of the factual allegations contained in his counterclaim, and

In light of our determination, we do not reach the defendant’s remaining contentions.

CRANE, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court