Butts v. Butts

Appellate Division of the Supreme Court of New York

Butts v. Butts

50 A.D.2d 584, 375 N.Y.S.2d 31, 1975 N.Y. App. Div. LEXIS 12363

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1975

StatusPublished

Cited by3 cases

This text of 50 A.D.2d 584 (Butts v. Butts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butts v. Butts, 50 A.D.2d 584, 375 N.Y.S.2d 31, 1975 N.Y. App. Div. LEXIS 12363 (N.Y. Ct. App. 1975).

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Opinion

— In an action for divorce, plaintiff appeals from a judgment of the Supreme Court, Queens County, dated September 4, 1974, in favor of the defendant wife, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, during a nonjury trial. Judgment affirmed, with costs. Under the facts and circumstances of this case, it cannot be said that defendant abandoned plaintiff. The parties concededly came to an agreement regarding support. In our view, this agreement, and plaintiff’s adherence to its terms, as well as his failure to attempt any reconciliation after he left home, all manifest his willing departure from the marital abode. There is no abandonment by the wife in such circumstances. As was stated in Schine v Schine (31 NY2d 113, 119), "The conduct of a spouse to constitute abandonment must be unjustified and without the consent of the other spouse”. Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.

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— In an action for divorce, plaintiff appeals from a judgment of the Supreme Court, Queens County, dated September 4, 1974, in favor of the defendant wife, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, during a nonjury trial. Judgment affirmed, with costs. Under the facts and circumstances of this case, it cannot be said that defendant abandoned plaintiff. The parties concededly came to an agreement regarding support. In our view, this agreement, and plaintiff’s adherence to its terms, as well as his failure to attempt any reconciliation after he left home, all manifest his willing departure from the marital abode. There is no abandonment by the wife in such circumstances. As was stated in Schine v Schine (31 NY2d 113, 119), "The conduct of a spouse to constitute abandonment must be unjustified and without the consent of the other spouse”. Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.

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Bluebook (online)

50 A.D.2d 584, 375 N.Y.S.2d 31, 1975 N.Y. App. Div. LEXIS 12363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-butts-nyappdiv-1975.

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