JAMES v. JAMES


13 A.D.3d 583 (2004)

786 N.Y.S.2d 336

VETA JAMES, Appellant, v. GEORGE JAMES, Respondent.

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

December 27, 2004.


Ordered that the judgment is reversed, on the law and the facts, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for the entry of an interlocutory judgment of divorce and for further proceedings on the complaint.

The plaintiff established a prima facie case on her cause of action for a divorce on the ground of abandonment, and the defendant failed to raise the defense of justification. Accordingly, the plaintiff...

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