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Sex Versus Society

By Karen M. Platt
February 25, 2010

In last month's newsletter, we began discussion of a decision from New York's Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The case, Davis v. Davis, 2009 NY Slip Op 08579, 2009 WL 3873026, was decided in accordance with the majority of similar cases that had come before it. But did the court make the correct decision?

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