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REID v. REID

57 A.D.3d 960 (2008)

870 N.Y.S.2d 455

JAMES REID, Respondent, v. CLAIRE J. REID, Appellant.

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

December 30, 2008.

Ordered that the interlocutory judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff made out a prima facie case of divorce on the ground of constructive abandonment by testifying at trial that for at least one year prior to the commencement of this action, the defendant had unjustifiably refused to engage in sexual relations with him, despite his repeated requests (see Czaban v Czaban, 44 A.D.3d 894

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