SCHATZBERG v. SCHATZBERG


12 A.D.2d 483 (1960)

Rita Schatzberg, Respondent, v. George Schatzberg, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1960


Judgment granting plaintiff separation from defendant husband and related relief on the ground of abandonment, unanimously modified on the law and on the facts, without costs, as follows. The first decretal paragraph of the judgment is stricken and the complaint is dismissed. Plaintiff has failed to establish that the alleged abandonment was "persistent and obstinate" (Bohmert v. Bohmert, 241 N.Y. 446, 452). At the most there was a single, sudden argument leading to...

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