Home/New York Court of Appeals/Hammer v. Hammer

Hammer v. Hammer

309 N.E.2d 874, 34 N.Y.2d 545, 354 N.Y.S.2d 105, 1974 N.Y. LEXIS 1785
CourtNew York Court of Appeals
DecidedFebruary 21, 1974
StatusPublished
Cited by17 cases

This text of 309 N.E.2d 874 (Hammer v. Hammer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hammer v. Hammer, 309 N.E.2d 874, 34 N.Y.2d 545, 354 N.Y.S.2d 105, 1974 N.Y. LEXIS 1785 (N.Y. 1974).

Opinion

Memorandum. The order of the Appellate Division should be affirmed, without costs. This court accepts the fiudiug below,, that plaintiff husband, through long acquiescence, consented to a sex-limited relationship with his wife. It is notible that the husband neither demanded a renewal of sexual relations nor threatened to terminate the marital relationship because of the abstention. Indeed, although he alleged 10 years of abstentión, he conceded that he had no intention of ending the marriage until just prior, to quitting the marital abode in May, 1970.

In light of these facts of consent and condonation, and also in view of the age of the parties and the duration of the marriage, the Appellate Division acted within its discretion in determining that the wife was not chargeable with “ constructive abandonment ” under the Domestic Relations Law (§ 170, subd. [2]). (See 1 Foster & Freed, Law and The Family, New York, § 6:19; cf., e.g., Hessen v. Hessen, 33 N Y 2d 406, decided simultaneously herewith.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Woodward
2025 NY Slip Op 01744 (Appellate Division of the Supreme Court of New York, 2025)
Relyea v. Relyea
2 A.D.3d 1176 (Appellate Division of the Supreme Court of New York, 2003)
Edward W. R. v. Barbara A. R.
248 A.D.2d 964 (Appellate Division of the Supreme Court of New York, 1998)
Cassese v. Cassese
197 A.D.2d 605 (Appellate Division of the Supreme Court of New York, 1993)
Knight v. Knight
193 A.D.2d 416 (Appellate Division of the Supreme Court of New York, 1993)
Frances G. v. Vincent G.
525 N.E.2d 739 (New York Court of Appeals, 1988)
Frances G. v. Vincent G.
133 A.D.2d 254 (Appellate Division of the Supreme Court of New York, 1987)
Breckinridge v. Breckinridge
103 A.D.2d 900 (Appellate Division of the Supreme Court of New York, 1984)
Nicholson v. Nicholson
87 A.D.2d 645 (Appellate Division of the Supreme Court of New York, 1982)
Bunce v. Bunce
74 A.D.2d 711 (Appellate Division of the Supreme Court of New York, 1980)
Lebensfeld v. Lebensfeld
72 A.D.2d 790 (Appellate Division of the Supreme Court of New York, 1979)
Jorgensen v. Jorgensen
67 A.D.2d 902 (Appellate Division of the Supreme Court of New York, 1979)
Francati v. Francati
57 A.D.2d 694 (Appellate Division of the Supreme Court of New York, 1977)
Filippi v. Filippi
53 A.D.2d 658 (Appellate Division of the Supreme Court of New York, 1976)
Dudzick v. Dudzick
84 Misc. 2d 731 (New York Supreme Court, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
309 N.E.2d 874, 34 N.Y.2d 545, 354 N.Y.S.2d 105, 1974 N.Y. LEXIS 1785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammer-v-hammer-ny-1974.