CYMBLER v. CYMBLER


45 A.D.2d 708 (1974)

Irving Cymbler, Appellant, v. Sally Cymbler, Respondent

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

June 3, 1974


Judgment reversed, on the law, without costs, complaint reinstated and case remanded for a new trial before a Justice other than the one who tried this case.

The only testimony adduced being to the effect that for a period of more than two years plaintiff was denied his right of consortium, a prima facie case of abandonment was shown (Hessen v. Hessen, 33 N.Y.2d 406). The granting of a motion to dismiss for failure to establish...

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