Genovese v. Genovese

—In an action for a divorce and ancillary relief, the defendant wife appeals from a judgment of the Supreme Court, Queens County (LaFauci, J.), dated December 8, 1997, which granted a divorce to the plaintiff on the ground of constructive abandonment.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The Supreme Court improperly granted the plaintiff husband a divorce on the ground of constructive abandonment. The testimony of the plaintiff husband was legally insufficient to establish that the defendant wife unjustifiably refused to fulfill the…