FEDOFF v. FEDOFF

6692, 314185/03

92 A.D.3d 435 (2012)

937 N.Y.S.2d 593

2012 NY Slip Op 735

GALINA PANOVA FEDOFF, Respondent, v. BORIS WINTHROP FEDOFF, Appellant.

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

Decided February 2, 2012.


Plaintiff was properly granted the divorce on the ground of constructive abandonment after defendant consented to the divorce on that ground at the inquest. Plaintiff sufficiently met her burden of proof by testifying that defendant continuously denied her sexual relations for over a year before the commencement of the action and that there was no physical reason why they could not have such relations (see Haymes v Haymes,

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