Nicholson v. Nicholson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Linakis, J.), dated May 21,1981, as dismissed his complaint, which sought a divorce on the ground of constructive abandonment. Judgment affirmed insofar as appealed from, with costs. Special Term properly dismissed the complaint. Plaintiff failed to demonstrate at the trial that he did not consent to the failure of himself and his wife to engage in sexual relations for a period of more than seven years. His own testimony revealed that following the…
2Cases cited5 opinions
- Solomon v. SolomonNew York Court of Appeals · 1943
- Hammer v. HammerNew York Court of Appeals · 1974
- De Angelis v. De AngelisAppellate Division of the Supreme Court of the State of New York · 1976
- Hammer v. HammerAppellate Division of the Supreme Court of the State of New York · 1973
- Levy v. LevyAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by9 opinions
- Caprise v. CapriseAppellate Division of the Supreme Court of the State of New York · 1988
- Lyons v. LyonsAppellate Division of the Supreme Court of the State of New York · 1992
- Hage v. HageAppellate Division of the Supreme Court of the State of New York · 1985
- Gunn v. GunnAppellate Division of the Supreme Court of the State of New York · 1988
- Murphy v. MurphyAppellate Division of the Supreme Court of the State of New York · 1999
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