Legal Opinion · Concurrence

James v. James

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2004Published

1ConcurrenceS. Miller, J.

I enthusiastically concur with the majority’s determination to reverse the order dismissing the plaintiff wife’s complaint, and to grant her a divorce on the ground of abandonment. I write this concurrence because in my view, issues raised by this appeal, concerning the definition of abandonment and the nature of justification, which the majority chose not to reach, should be reached because of the dearth of authority providing guidance.

Veta James was entitled to a divorce on the ground of abandonment not only because George James failed to plead or prove justification as the majority…

2Cases cited18 opinions

  1. Mirizio v. MirizioNew York Court of Appeals · 1926
  2. Diemer v. DiemerNew York Court of Appeals · 1960
  3. Knights v. KnightsNew York Court of Appeals · 1988
  4. Schine v. SchineNew York Court of Appeals · 1972
  5. Bohmert v. BohmertNew York Court of Appeals · 1926

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