Frances G. v. Vincent G.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for determination of the factual issues, if any, raised on the appeal to that court.

Plaintiff sought a divorce, on the ground of constructive abandonment. At trial, she testified that she and her husband had not engaged in sexual relations for more than one year prior to the commencement of the action, and that he refused to discuss the issue or attend counseling. Defendant, on the other hand, testified that plaintiff said she hated him, and was…