Genovese v. Genovese

Appellate Division of the Supreme Court of New York

Genovese v. Genovese

261 A.D.2d 437, 687 N.Y.S.2d 299, 1999 N.Y. App. Div. LEXIS 4753

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

DecidedMay 10, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 437 (Genovese v. Genovese) 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

Genovese v. Genovese, 261 A.D.2d 437, 687 N.Y.S.2d 299, 1999 N.Y. App. Div. LEXIS 4753 (N.Y. Ct. App. 1999).

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Opinion

—In an action for a divorce and ancillary relief, the defendant wife appeals from a judgment of the Supreme Court, Queens County (LaFauci, J.), dated December 8, 1997, which granted a divorce to the plaintiff on the ground of constructive abandonment.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The Supreme Court improperly granted the plaintiff husband a divorce on the ground of constructive abandonment. The testimony of the plaintiff husband was legally insufficient to establish that the defendant wife unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment continued for at least one year prior to the commencement of the action (see, Domestic Relations Law § 170 [21; Schildkraut v Schildkraut, 223 AD2d 585; Emanuele v Emanuele, 218 AD2d 726). Bracken, J. P., Thomspon, Gold-stein, McGinity and Schmidt, JJ., concur.

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—In an action for a divorce and ancillary relief, the defendant wife appeals from a judgment of the Supreme Court, Queens County (LaFauci, J.), dated December 8, 1997, which granted a divorce to the plaintiff on the ground of constructive abandonment.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The Supreme Court improperly granted the plaintiff husband a divorce on the ground of constructive abandonment. The testimony of the plaintiff husband was legally insufficient to establish that the defendant wife unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment continued for at least one year prior to the commencement of the action (see, Domestic Relations Law § 170 [21; Schildkraut v Schildkraut, 223 AD2d 585; Emanuele v Emanuele, 218 AD2d 726). Bracken, J. P., Thomspon, Gold-stein, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

261 A.D.2d 437, 687 N.Y.S.2d 299, 1999 N.Y. App. Div. LEXIS 4753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genovese-v-genovese-nyappdiv-1999.

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