| Reid v Reid |
| 2008 NY Slip Op 10598 [57 AD3d 960] |
| December 30, 2008 |
| Appellate Division, Second Department |
| James Reid, Respondent, v Claire J. Reid,Appellant. |
—[*1] Andrew M. Doktofsky, Huntington, N.Y., for respondent.
In an action for a divorce and ancillary relief, the defendant wife appeals from aninterlocutory judgment of the Supreme Court, Nassau County (Diamond, J.), entered May 19,2008, which, after a nonjury trial, awarded the plaintiff husband a divorce on the ground ofabandonment.
Ordered that the interlocutory judgment is affirmed, with costs.
Contrary to the defendant's contention, the plaintiff made out a prima facie case of divorce onthe ground of constructive abandonment by testifying at trial that for at least one year prior to thecommencement of this action, the defendant had unjustifiably refused to engage in sexualrelations with him, despite his repeated requests (see Czaban v Czaban, 44 AD3d 894[2007]).
The defendant's testimony that the parties had reached an agreement that they would continuein a sexless marriage raised an issue of credibility, and we decline to disturb the Supreme Court'sdetermination with respect thereto (see Northern Westchester Professional Park Assoc. vTown of Bedford, 60 NY2d 492 [1983]; Zeltser v Sacerdote, 52 AD3d 824 [2008];Campbell v Campbell, 50 AD3d 614 [2008]).
The defendant's remaining contentions are without merit. Mastro, J.P., Miller, Angiolillo andCarni, JJ., concur.