DAYANOFF v. DAYANOFF

2010-01329.

79 A.D.3d 1092 (2010)

912 N.Y.S.2d 912

ELI DAYANOFF, Appellant, v. ZOYA DAYANOFF, Respondent.

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

Decided December 28, 2010.


Ordered that the judgment is affirmed, with costs.

The plaintiff failed to make out a prima facie case for a divorce on the ground of constructive abandonment. His testimony at trial was inconsistent as to whether he and the defendant had continued to maintain sexual relations during a period of approximately three years while they were sleeping in separate bedrooms. Accordingly, the plaintiff failed to demonstrate that the defendant "refused to engage in sexual relations...

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