Butts v. Butts

— In an action for divorce, plaintiff appeals from a judgment of the Supreme Court, Queens County, dated September 4, 1974, in favor of the defendant wife, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, during a nonjury trial. Judgment affirmed, with costs. Under the facts and circumstances of this case, it cannot be said that defendant abandoned plaintiff. The parties concededly came to an agreement regarding support. In our view, this agreement, and plaintiff’s adherence to its terms, as well as his failure to attempt any reconciliation after he left…