HAYMES V. HAYMES
646 N.Y.S.2d 315 (1996)
NATURE OF THE CASE: Gail (W) appealed a judgment dismissing W's actual and constructive
abandonment claims in that a failed attempt at reconciliation barred W from succeeding as a
matter of law.
FACTS: H and W were married in 1965 and lived together, without interruption, until 1987.
They have two children, born in 1967 and 1975. Beginning in December 1984, H refused to have
sexual relations with W, rejecting her repeated overtures. In September 1987, H moved out of
the couple's home allegedly without W's consent and without justification. W claimed that H
engaged in several adulterous relationships with women identified in the complaint. An
action for divorce was commenced in September of 1988, after H had remained out of the
marital abode for more than one year. The couple attempted a reconciliation between November
18, 1988 and January 4, 1989, during which time they resumed residing unhappily together and
even had sex just once. Unable to resolve their problems, they returned to living apart and
pursuing their respective marital claims. H moved for summary judgment on grounds that the
reconciliation attempt as a matter of law precluded an abandonment claim. H got the summary
judgment and W appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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