CZABAN v. CZABAN


44 A.D.3d 894 (2007)

844 N.Y.S.2d 383

WLADYSLAW CZABAN, Respondent, v. GRAZYNA CZABAN, Appellant.

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

Decided October 23, 2007.


Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the wife's contention, the husband made out a prima facie case of divorce on the ground of constructive abandonment by testifying at trial that, beginning at the end of 1998 and continuing through 1999, the wife had unjustifiably refused to engage in sexual relations with him, despite his repeated requests. The statute provides that an action for divorce may...

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