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Johnson v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 954 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court correctly found that plaintiff, who was imprisoned from August 1963 until December 1966 and from 1979 to the present, failed to prove his cause of action for a default divorce based on abandonment. One of the elements of such a cause of action is an unjustified separation (see, Bazant v. Bazant, 80 A.D.2d 310; cf., Maryon v. Maryon, 60 A.D.2d 623; Del Galdo v. Del Galdo, 51 A.D.2d 741), and plaintiff cannot prove that defendant's absence was unjustified because defendant has grounds for divorce against plaintiff (see, Domestic Relations Law § 170; 1 Foster, Freed and Brandes, Law and the Family New York § 6:20 [2d ed]).


Summaries of

Johnson v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 954 (N.Y. App. Div. 1990)
Case details for

Johnson v. Johnson

Case Details

Full title:ROBERT JOHNSON, Appellant, v. DOLORES B. JOHNSON, Also Known as DOLORES…

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

Date published: Nov 16, 1990

Citations

167 A.D.2d 954 (N.Y. App. Div. 1990)
561 N.Y.S.2d 1018

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