Ordered that the judgment is modified, by deleting the first decretal paragraph thereof and substituting therefor a provision denying the defendant's motion to dismiss the plaintiff's cause of action for a divorce on the ground of constructive abandonment; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the husband's cause of action for a divorce...
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