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LEIDERMAN v. LEIDERMAN

277 A.D.2d 290 (2000)

715 N.Y.S.2d 344

SUSAN LEIDERMAN, Respondent, v. JEFFREY LEIDERMAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that there are questions of fact as to whether the plaintiff was abandoned by the defendant within the meaning of Domestic Relations Law § 170 (2). Accordingly, the motion for summary judgment was properly denied (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324; see also, Schine v Schine, 31 N.Y.2d 113

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