Frances G. v. Vincent G.

Weinstein, J.,

concurs in part and dissents in part with the following memorandum in which Eiber, J., concurs: After reviewing the factual issues presented by this case pursuant to the directive of the Court of Appeals upon remittitur, I cannot adhere to the majority’s conclusion that there was sufficient evidence of consent or acquiescence on the part of the plaintiff wife to support the jury verdict against her on the cause of action predicated on constructive abandonment. On the contrary, I now conclude that the trial court properly set aside the verdict in favor of the defendant. Upon…