SCHOTTENFELD v. SCHOTTENFELD


152 A.D.2d 690 (1989)

Harold Schottenfeld, Appellant, v. Elaine Schottenfeld, Respondent

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

July 24, 1989


Ordered that the judgment is affirmed, without costs or disbursements.

In order to obtain a divorce on the ground of constructive abandonment, the plaintiff husband attempted to prove that the defendant wife had, for more than a year, refused to engage in normal sexual relations with him, without justification. A review of the record reveals that the plaintiff succeeded in establishing a prima facie case based on this theory (see, Domestic Relations Law §...

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