M. v. ANN


171 A.D.2d 651 (1991)

George M., Respondent, v. Mary Ann M., Appellant

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

March 4, 1991


Ordered that the judgment is reversed, on the law and the facts, with costs, and the complaint is dismissed.

It is well settled that to establish a cause of action for a divorce on the ground of constructive abandonment, the spouse who claims to have been constructively abandoned must prove that the abandoning spouse unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment...

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