Legal Opinion
Reid v. Reid
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 5 opinions
1Opinion of the Court
Contrary to the defendant’s contention, the plaintiff made out a prima facie case of divorce on the ground of constructive abandonment by testifying at trial that for at least one year prior to the commencement of this action, the defendant had unjustifiably refused to engage in sexual relations with him, despite his repeated requests (see Czaban v Czaban, 44 AD3d 894 [2007]).
The defendant’s testimony that the parties had reached an agreement that they would continue in a sexless marriage raised an issue of credibility, and we decline to disturb the Supreme Court’s determination with respect…
2Cases cited4 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Zeltser v. SacerdoteAppellate Division of the Supreme Court of the State of New York · 2008
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 2008
- Czaban v. CzabanAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- Petracca v. PetraccaAppellate Division of the Supreme Court of the State of New York · 2012
- Cioffi-Petrakis v. PetrakisAppellate Division of the Supreme Court of the State of New York · 2013
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 2009
- Cioffi-Petrakis v. PetrakisAppellate Division of the Supreme Court of the State of New York · 2013
- Petracca v. PetraccaAppellate Division of the Supreme Court of the State of New York · 2012