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PASSANTE v. PASSANTE

206 A.D.2d 770 (1994)

615 N.Y.S.2d 105

Martin Passante, Respondent, v. Carol Passante, Appellant

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

July 28, 1994

Casey, J.

Defendant claims that plaintiff's complaint in this divorce action should have been dismissed in its entirety. We disagree. The first cause of action, which alleges constructive abandonment based upon defendant's unjustifiable refusal to cohabit and engage in marital relations with plaintiff for more than one year, is sufficient to survive a motion to dismiss (see, Diemer v Diemer, ...

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