Legal Opinion
Davis v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2009PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
The issue on this appeal is whether the “social abandonment” of a spouse may qualify as “abandonment” and provide a ground for the dissolution of marriage under Domestic Relations Law § 170 (2). We conclude that it does not.
The plaintiff, Novel Davis, commenced this action for a divorce and ancillary relief against her husband, Shepherd Davis, by the filing of an amended summons with notice dated November 5, 2007 and a verified complaint dated January 21, 2008. The complaint alleged two causes of action, one asserting cruel and inhuman treatment under Domestic…
2Cases cited73 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Brady v. BradyNew York Court of Appeals · 1985
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
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3Cited by3 opinions
- Liguori v. AmbroAppellate Division of the Supreme Court of the State of New York · 2010
- H.P.S. Management Co. v. St. Paul Surplus Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- H.P.S. Management Co. v. St. Paul Surplus Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2012