Koch v. Koch

Appellate Division of the Supreme Court of New York

Koch v. Koch

254 A.D.2d 106, 678 N.Y.S.2d 622, 1998 N.Y. App. Div. LEXIS 10664

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

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 106 (Koch v. Koch) 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

Koch v. Koch, 254 A.D.2d 106, 678 N.Y.S.2d 622, 1998 N.Y. App. Div. LEXIS 10664 (N.Y. Ct. App. 1998).

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Opinion

—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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—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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Bluebook (online)

254 A.D.2d 106, 678 N.Y.S.2d 622, 1998 N.Y. App. Div. LEXIS 10664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koch-v-koch-nyappdiv-1998.

Opinion

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