Haymes v. Haymes

—Order, Supreme Court, New York County (Joan Lobis, J.), entered August 14, 1997, which dismissed plaintiff’s cause of action for constructive abandonment following a nonjury trial, unanimously reversed, on the law and the facts, without costs, the cause of action reinstated and the matter remanded for the entry of a judgment of divorce on the ground of constructive abandonment and trial on the distribution of the marital assets.

After more than 20 years of marriage, defendant left the marital home in 1987 and plaintiff commenced the instant action for divorce in 1988, alleging adultery,…