Opinion
May 10, 1999
Appeal from the Supreme Court, Queens County (LaFauci, J.).
Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.
The Supreme Court improperly granted the plaintiff husband a divorce on the ground of constructive abandonment. The testimony of the plaintiff husband was legally insufficient to establish that the defendant wife unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment continued for at least one year prior to the commencement of the action ( see, Domestic Relations Law § 170; Schildkraut v. Schildkraut, 223 A.D.2d 585; Emanuele v. Emanuele, 218 A.D.2d 726).
Bracken, J. P., Thomspon, Goldstein, McGinity and Schmidt, JJ., concur.