Murphy v. Murphy

—Mercare, J. P.

Appeal from an order of the Supreme Court (Dier, J.), entered November 18, 1997 in Warren County, upon a dismissal of the complaint seeking a judgment of divorce at the close of the evidence.

The parties were married in 1950 and separated in April 1995. In March 1997, plaintiff commenced this action for a divorce upon the grounds of defendant’s alleged cruel and inhuman treatment and constructive abandonment of plaintiff, and for equitable distribution of marital property and an award of permanent maintenance. In October 1997, Supreme Court conducted a bifurcated trial on the…