McNAIR v. McNAIR


262 A.D.2d 1048 (1999)

692 N.Y.S.2d 273

STEVEN McNAIR, Appellant, v. FRANCINE McNAIR, Respondent.

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

Decided June 18, 1999.


Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiffs in these divorce actions are inmates at the Attica Correctional Facility. Each plaintiff alleges in his complaint that his wife abandoned him by refusing to engage in marital relations despite repeated requests by him that she do so. Each plaintiff alleges that the abandonment was unjustified, that it commenced...

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