153 N.J. Super. 159 - Gazzillo v. Gazzillo’s Empirical Analysis
1977
Citation profile
12 state decisions
How this case has been cited
Cited by 13 later decisions — most recently May 2015
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 129 N.J. Super. 291 - Kerr v. Kerr · Scalingi v. Scalingi · 129 N.J. Super. 235 - Altbrandt v. Altbrandt · 124 N.J. Super. 462 - Ballard v. Ballard · 119 N.J. Super. 190 - Wanser v. Wanser
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Two basic findings are apparent. First, that the marriage is “dead.” The acts did, in fact, affect plaintiff so that it cannot reasonably be expected that she “continue to cohabit with the defendant.” To quote the statute is to make the finding. The parties have not, in fact, “cohabited” for at least 14 months (according to defendant) and probably over two years. The future offers no relief. Second, defendant knew, or should have known, the effect upon plaintiff of his stiff-necked attitude, his lack of sympathy and his acts which did, in fact, affect plaintiff to the point where the marriage is now beyond rehabilitation. Yet, I find no “fault.” It is, in large part, the peculiar sensibilities of plaintiff which permit the invocation of 2A:34-2(e). [M at 170, 379 A.2d 288 .]”
1 later decision quote this exact passagee.g. Kinsella v. Kinsella“as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; .... [ N.J.S.A. 2A:34-2(c).] Objective evidence may be sufficient to prove that the defendant's conduct has”
1 later decision quote this exact passage“as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; .... [ N.J.S.A. 2A:34-2(c).]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.