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DAVIS v. DAVIS

2008-08484

71 A.D.3d 13 (2009)

889 N.Y.S.2d 611

NOVEL DAVIS, Appellant, v. SHEPHERD DAVIS, Respondent.

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

Decided November 17, 2009.

Attorney(s) appearing for the Case

Mark F. Brancato , Manhasset, for appellant.

H. Michael Stern , Garden City, for respondent.

MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DILLON, J.P.

The issue on this appeal is whether the "social abandonment" of a spouse may qualify as "abandonment" and provide a ground for the dissolution of marriage under Domestic Relations Law § 170 (2). We conclude that it does not.

The plaintiff, Novel Davis, commenced this action for a divorce and ancillary relief against her husband, Shepherd Davis, by the filing of an amended summons with notice dated November 5...

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