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KOCH v. KOCH (1998)

Supreme Court, Appellate Division, First Department, New York.

Irene KOCH, Plaintiff-Respondent, v. Emmerich KOCH, Defendant-Appellant.

Decided: October 13, 1998

Before MILONAS, J.P, and ROSENBERGER, WALLACH, TOM and MAZZARELLI, JJ.

Lowell B. Davis, for Plaintiff-Respondent. Julius W. Cohn, for Defendant-Appellant.

Order, Supreme Court, Bronx County (Jack Turret, J.H.O.), entered on or about June 16, 1997, which, after a nonjury trial, granted plaintiff a divorce on the ground of abandonment, unanimously affirmed, with costs.

The finding of abandonment, which rests largely on considerations relating to witness credibility, is supported by a fair interpretation of the evidence (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495, 591 N.Y.S.2d 978, 606 N.E.2d 1369), including plaintiff's testimony that defendant left the marital residence in 1982 without her consent and never returned.

MEMORANDUM DECISION.

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KOCH v. KOCH (1998)

Decided: October 13, 1998

Court: Supreme Court, Appellate Division, First Department, New York.

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