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Justice Garguilo http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120857 THE COURT granted plaintiff wife a divorce on constructive abandonment grounds, finding defendant husband knowingly and voluntarily constructively abandoned her as alleged in her complaint. Plaintiff sought a 50 percent share of the marital portion of all the business interests. Defendant contended plaintiff was not a contributing member of an economic partnership with him. The court found the record was “quite clear” plaintiff offered “virtually nothing” to enhance the growth of the business interest and accumulation of additional assets. Based on credible witness testimony, it found the plaintiff abused her stature as the boss’ wife and engaged in self-dealing by “secretly siphoning money.” The court stated equitable distribution did not necessarily mean equal distribution. It noted the business was conceived through defendant’s insight and founded three years before the marriage, finding testimony demonstrated that plaintiff engaged in affirmative bad acts. Thus, the court concluded plaintiff’s distributive award of the business equities was zero.

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