HAYMES v. HAYMES


252 A.D.2d 439 (1998)

675 N.Y.S.2d 593

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

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

July 23, 1998


After more than 20 years of marriage, defendant left the marital home in 1987 and plaintiff commenced the instant action for divorce in 1988, alleging adultery, abandonment, constructive abandonment and cruelty. The then-assigned Supreme Court Justice dismissed both abandonment claims prior to trial, finding that the parties had lived together and engaged in sexual relations during a brief attempt to reconcile following commencement of the action, and that such conduct defeated...

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