Weisman v. Weisman

Asch and Alexander, JJ., dissent in a memorandum by Asch, J., as follows:

On his appeal, the plaintiff husband contends that the award of summary *738judgment dismissing his complaint for divorce on the grounds of abandonment (constructive and actual) was inappropriate in that there were issues of fact left unresolved and, that the award of support and maintenance to the wife on a permanent basis was improper as he had not been afforded an evidentiary hearing. In my view the grant of summary judgment was not justified. The parties were married on July 3, 1966, in Boston, Massachusetts, after…