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WARMAN v. SHIMON WARMAN

52 A.D.3d 596 (2008)

860 N.Y.S.2d 151

MYRA WARMAN, Respondent, v. HAIM SHIMON WARMAN, Appellant.

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

Decided June 10, 2008.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

"[T]o establish a cause of action for a divorce on the ground of constructive abandonment, the spouse who claims to have been constructively abandoned must prove that the abandoning spouse unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment continued for at least one...

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