Legal Opinion

Schine v. Schine

New York Court of Appeals

Decided July 7, 1972PublishedCited by 43 opinions

1Opinion of the CourtBreitel, J.

In an action by a wife for a separation, defendant husband appeals pursuant to CPLR 5601. (subd. [d]) from a judgment, entered after an order of the Appellate Division, dismissing his counterclaim for a divorce, and directing support for the wife. The issue, factual in nature, is whether the’ wife abandoned her husband.

*116After a trial in the Supreme Court, the wife’s eontplaint seeking a separation was dismissed, and. the husband’s counterclaim for a divorce, based on her abandonment of him, was granted. The Appellate Division, disagreeing, among other things, with the finding of an abandonment…

2Cases cited5 opinions

  1. Mirizio v. MirizioNew York Court of Appeals · 1926
  2. In Re the Estate of MaidenNew York Court of Appeals · 1940
  3. Solomon v. SolomonNew York Court of Appeals · 1943
  4. Fox v. FoxNew York Supreme Court · 1958
  5. Harris v. HarrisNew York Supreme Court · 1965

3Cited by43 opinions

  1. In re the Estate of RiefbergNew York Court of Appeals · 1983
  2. McDermott v. McDermottAppellate Division of the Supreme Court of the State of New York · 1986
  3. Caprise v. CapriseAppellate Division of the Supreme Court of the State of New York · 1988
  4. Hage v. HageAppellate Division of the Supreme Court of the State of New York · 1985
  5. Gunn v. GunnAppellate Division of the Supreme Court of the State of New York · 1988

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