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DORNBUSCH v. DORNBUSCH

87 A.D.2d 883 (1982)

Lady Dornbusch, Plaintiff, v. Marcus Dornbusch, Defendant. (Action No. 1.) Marcus Dornbusch, Appellant, v. Lady Dornbusch, Respondent. (Action No. 2.)

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

April 26, 1982

Judgment affirmed, insofar as appealed from, without costs or disbursements.

The departure of Mrs. Dornbusch from the marital bedroom and her abstention from sexual relations were based on a reasonable claim of mistreatment by her husband. Consequently, her actions did not constitute an abandonment (see Phillips v Phillips, 70 A.D.2d 30; Fischel v Fischel, 286 App Div 842). Furthermore, once the separation action was...

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