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CLARKE v. CLARKE

1318, 307005/10.

139 A.D.3d 633 (2016)

30 N.Y.S.3d 862

2016 NY Slip Op 04140

CLAUDIA CLARKE, Respondent, v. ARNOLD CLARKE, Appellant.

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

Decided May 31, 2016.

Supreme Court properly declined to grant a judgment of divorce in favor of defendant on his counterclaim for abandonment, since he failed to establish that plaintiff's departure from the marital home was unjustified (see Del Galdo v Del Galdo, 51 A.D.2d 741, 741 [2d Dept 1976]; see also Heilbut v Heilbut, 297 A.D.2d 233, 233-234 [1st Dept 2002], lv dismissed in part and denied in part...

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