Molloy v. Molloy

In an action for divorce and ancillary relief, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Tolbert, J.), entered July 11, 2005, which, upon the denial of his motion for summary judgment, determined that he failed to prove abandonment, and dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting sufficient evidence to establish the elements of abandonment and the absence of any issues of fact (see…