Supreme Court of New York, Appellate Division
646 N.Y.S.2d 315 (1996)
Gail Haymes (plaintiff) and Stephen Haymes (defendant) lived together as husband and wife from 1965 to 1987. According to Mrs. Haymes, Mr. Haymes refused to have sex with her beginning in late 1984. In 1987, he moved out of the couple’s home, allegedly without justification or her consent. He was also alleged to have committed adultery with a number of women. In September 1988, Mrs. Haymes filed for divorce on the grounds of abandonment. From November 18, 1988 to January 4, 1989, the couple attempted to reconcile. They lived together and had sex at least once, although Mrs. Haymes stated that Mr. Haymes did not show her any affection or apologize for his adultery. They again separated, and Mr. Haymes then countersued for divorce. On the eve of trial in 1995, Mr. Haymes moved for summary judgment on the grounds that the couple’s reconciliation precluded Mrs. Haymes’s claim of abandonment. The trial court granted judgment to Mr. Haymes. Mrs. Haymes appealed.
Rule of Law
Holding and Reasoning (Mazzarelli, J.)
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