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CHAN v. CHAN

193 A.D.2d 575 (1993)

597 N.Y.S.2d 422

Wai Foon Chan, Appellant, v. Yuk Sim Chan, Respondent

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

May 3, 1993

Ordered that the order is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

We agree with the plaintiff husband that the court erred in dismissing his complaint for failure to prove a prima facie case of constructive abandonment. During his testimony at the trial, the plaintiff husband twice testified that his wife refused...

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