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Brienza v. Brienza

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 364 (N.Y. App. Div. 1995)

Opinion

March 6, 1995

Appeal from the Supreme Court, Suffolk County (Baisley, J.).


Ordered that the order is affirmed, without costs or disbursements.

There is no basis in the record to find that the Supreme Court erred in dismissing the plaintiff's action for divorce based upon constructive abandonment. When the determination of constructive abandonment is premised upon an evaluation of the credibility of the respective witnesses, the determination of the trier of fact, who heard and saw the witnesses, should be accorded great weight (see, Caso v. Caso, 161 A.D.2d 683; Schottenfeld v. Schottenfeld, 152 A.D.2d 690; Infosino v Infosino, 109 A.D.2d 869, 870).

The plaintiff's remaining contentions are without merit. Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.


Summaries of

Brienza v. Brienza

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 364 (N.Y. App. Div. 1995)
Case details for

Brienza v. Brienza

Case Details

Full title:CHARLES J. BRIENZA, SR., Appellant, v. MARY B. BRIENZA, Respondent

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

Date published: Mar 6, 1995

Citations

213 A.D.2d 364 (N.Y. App. Div. 1995)
624 N.Y.S.2d 866