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Butts v. Butts

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 584 (N.Y. App. Div. 1975)

Opinion

November 17, 1975


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 home, all manifest his willing departure from the marital abode. There is no abandonment by the wife in such circumstances. As was stated in Schine v Schine ( 31 N.Y.2d 113, 119), "The conduct of a spouse to constitute abandonment must be unjustified and without the consent of the other spouse". Gulotta, P.J., Rabin, Hopkins, Latham and Margett, JJ., concur.


Summaries of

Butts v. Butts

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 584 (N.Y. App. Div. 1975)
Case details for

Butts v. Butts

Case Details

Full title:ARTHUR BUTTS, Appellant, v. BESSIE E. BUTTS, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1975

Citations

50 A.D.2d 584 (N.Y. App. Div. 1975)

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