Kester v. Kester , 126 A.D.2d 928 ( 1987 )


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  • Kane, J.

    Appeal from a judgment of the Supreme Court granting plaintiff a divorce, entered February 26, 1986 in Broome County, upon a decision of the court at Trial Term (Fischer, J.), without a jury.

    Contrary to defendant’s assertion, the record fully supports Trial Term’s factual findings and, accordingly, Trial Term properly determined that plaintiff was entitled to a divorce on the ground of abandonment (Domestic Relations Law § 170 [2]; see, Diemer v Diemer, 8 NY2d 206; Benarroch v Benarroch, 55 AD2d 943). The judgment should therefore be affirmed.

    Judgment affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

Document Info

Citation Numbers: 126 A.D.2d 928

Judges: Kane

Filed Date: 1/29/1987

Precedential Status: Precedential

Modified Date: 1/13/2022