Ordered that the judgment is modified, on the law and the facts, by (1) adding a decretal paragraph thereto conforming the pleadings to the evidence (see, CPLR 3025 [c]) to allege a cause of action for divorce upon the ground of abandonment (see, Domestic Relations Law § 170 [2]) and (2) deleting the words "cruel and inhuman treatment" from the decretal paragraph which granted the plaintiff a divorce and substituting therefor the word "abandonment"; as...
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