HAYMES v. HAYMES


221 A.D.2d 73 (1996)

646 N.Y.S.2d 315

Gail L. Haymes, Appellant, v. Stephen D. Haymes, Respondent

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

July 2, 1996


Attorney(s) appearing for the Case

Brian J. Gallagher of counsel, New York City (Kronish, Lieb, Weiner & Hellman, L. L. P., attorneys), for appellant.

Robert Stephan Cohen of counsel, New York City (Ellen Friedman Bender on the brief; Morrison Cohen Singer & Weinstein, L. L. P., attorneys), for respondent.

WALLACH, J. P., ROSS, NARDELLI and WILLIAMS, JJ., concur.


MAZZARELLI, J.

In this action for divorce, plaintiff Gail Lowe Haymes' complaint originally alleged four causes of action, the second and third of which were, respectively, for actual and constructive abandonment. The factual allegations in the plaintiff's complaint indisputably stated a prima facie cause of action of abandonment and constructive abandonment. Plaintiff alleged that defendant Stephen Denis Haymes...

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