Denny v. Denny

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 2, 1977 in Rensselaer County, upon a decision of the court at a Trial Term, without a jury. The parties were married in 1941 and lived together continuously until 1973 when plaintiff husband transferred to Kansas in order to secure increased pension benefits. Defendant wife refused to accompany plaintiff to Kansas and when plaintiff’s employment was terminated in 1975 he returned to the marital residence in Rensselaer, New York. Approximately seven months later plaintiff commenced this action seeking a divorce…