HEILBUT v. HEILBUT


297 A.D.2d 233 (2002)

746 N.Y.S.2d 294

MONIKA HEILBUT, Respondent, v. FRANCIS HEILBUT, Appellant.

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

Decided August 15, 2002.


The parties were married in May 1971 and have one adult child. At trial, plaintiff testified that in January 1987 defendant stated he no longer wanted to be married, changed his residence to another location and no longer engaged in sexual relations with her. Both parties agreed that plaintiff moved from the marital home in April 1988, after which defendant returned. Although defendant provided an alternative version of what transpired in 1987, inconsistent with plaintiff...

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