Dayanoff v. Dayanoff

In an action for a divorce and ancillary relief, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Strauss, J.), dated December 2, 2009, which, after a nonjury trial, is in favor of the defendant and against him dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff failed to make out a prima facie case for a divorce on the ground of constructive abandonment. His testimony at trial was inconsistent as to whether he and the defendant had continued to maintain sexual relations during a period of approximately three years while they were…