Appellate Division of the Supreme Court of New York, 1998

Koch v. Koch

Koch v. Koch
Appellate Division of the Supreme Court of New York · Decided October 13, 1998
254 A.D.2d 106; 678 N.Y.S.2d 622; 1998 N.Y. App. Div. LEXIS 10664
Koch v. Koch

Opinion of the Court

—Order, Supreme Court, Bronx County (Jack Turret, J.H.O.), entered on or about June 16, 1997, which, after a nonjury trial, granted plaintiff a divorce on the ground of abandonment, unanimously affirmed, with costs.

The finding of abandonment, which rests largely on considerations relating to witness credibility, is supported by a fair interpretation of the evidence (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495), including plaintiffs testimony that defendant left the marital residence in 1982 without her consent and never returned. Concur — Milonas, J. P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.

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