Greenspan v Greenspan

Greenspan v Greenspan 2006 NY Slip Op 07846 [33 AD3d 963] October 31, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

Sheldon Greenspan, Appellant,
v
Joan Greenspan, Respondent.

—[*1]In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Stack, J.), entered April 6, 2006, as, after a nonjury trial, dismissed his cause of action for a divorce on the ground of constructive abandonment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the Supreme Court properly dismissed the plaintiff's cause of action for a divorce on the ground of constructive abandonment. Prudenti, P.J., Mastro, Fisher and Lunn, JJ., concur.