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JOHNSON v. JOHNSON

167 A.D.2d 954 (1990)

Robert Johnson, Appellant, v. Dolores B. Johnson, Also Known as Dolores Griffin, Respondent

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

November 16, 1990

Order unanimously affirmed without costs.

Memorandum:

Supreme Court correctly found that plaintiff, who was imprisoned from August 1963 until December 1966 and from 1979 to the present, failed to prove his cause of action for a default divorce based on abandonment. One of the elements of such a cause of action is an unjustified separation (see, Bazant v Bazant, 80 A.D.2d 310; cf., Maryon v Maryon...

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