Ordered that the order is affirmed insofar as appealed from, with costs.
The parties were married in 1985. In September 2008, the plaintiff husband commenced a divorce action against the defendant wife pursuant to Domestic Relations Law § 170 (2), alleging constructive abandonment. Following the close of the plaintiff's case at a nonjury trial, the Supreme Court granted the defendant's motion to dismiss the complaint for failure of the plaintiff husband to make...
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