HAMMER v. HAMMER


34 N.Y.2d 545 (1974)

Arthur Hammer, Appellant, v. Edna Hammer, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1974.


Attorney(s) appearing for the Case

Hugh J. Helfenstein and Alvin I. Goidel for appellant.

Bruno Schachner and Norman M. Sheresky for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. This court accepts the finding 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...

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