Karpov v. Shiryaev

Order, Supreme Court, New York County (Steven E. Liebman, Special Referee), entered October 24, 2012, which denied plaintiffs application for a judgment of divorce upon the ground of constructive abandonment, and dismissed the action, unanimously reversed, on the law, without costs, the action reinstated, and the matter remanded to the trial court for an inquest on grounds, pursuant to the parties’ November 6, 2009 stipulation, and for further proceedings as may be necessary.

Flaintiff commenced this divorce action on the ground of constructive abandonment in July 2009. In a so-ordered…