Appellate Division of the Supreme Court of New York, 2006

Greenspan v. Greenspan

Greenspan v. Greenspan
Appellate Division of the Supreme Court of New York · Decided October 31, 2006
33 A.D.3d 963; 822 N.Y.S.2d 730
Greenspan v. Greenspan

Opinion of the Court

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Stack, J.), entered April 6, 2006, as, after a nonjury trial, dismissed his cause of action for a divorce on the ground of constructive abandonment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the Supreme Court properly dismissed the plaintiffs cause of action for a divorce on the ground of constructive abandonment. Prudenti, EJ., Mastro, Fisher and Lunn, JJ., concur.

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