Legal Opinion

Merrick v. Merrick

New York Supreme Court

Decided May 22, 1995PublishedCited by 2 opinions

1Opinion of the Court

*181OPINION OF THE COURT

David B. Saxe, J.

At this juncture, the plaintiff husband has one remaining cause of action for divorce on grounds of adultery. The defendant wife has two causes of action for divorce: one on grounds of abandonment, the other on grounds of adultery.

As to plaintiff’s claim of adultery, I have already held that a prima facie showing on the defendant’s affirmative defense of recrimination had been made, but plaintiff was given the opportunity to rebut it. Inasmuch as no evidence was introduced in rebuttal, I now hold that neither party is entitled to a divorce on grounds of…

2Cases cited4 opinions

  1. Schine v. SchineNew York Court of Appeals · 1972
  2. Kalikow 78/79 Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  3. Belandres v. BelandresAppellate Division of the Supreme Court of the State of New York · 1977
  4. Maryon v. MaryonAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by2 opinions

  1. McNair v. McNairAppellate Division of the Supreme Court of the State of New York · 1999
  2. Merrick v. MerrickAppellate Division of the Supreme Court of the State of New York · 1996

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