Is your husband's impotence causing you to seek a divorce?

This is a very sensitive issue, obviously. When a man experiences E-D, it can be devastating to his pride and ego. But it can also destroy a marriage, especially in a situation where the parties’ marital union was based heavily on that aspect of their relationship.
The other day, a lady called to consult about whether she could get a divorce on the grounds that her husband could no longer oblige her on account of his physical limitations. They had been married more than ten years and for the last two, she wasn’t getting any loving. Could they get a divorce she asked? I was not sure how exactly to answer the question. Before I could stop myself I blurted, “but have you tried Viagra?”
“That don’t do nothing for him,” she divulged. “What about therapy? Or counseling or something” I countered. She said he was not interested in therapy. He had lost interest in the activity, didn’t want to “do nothing,” and she wanted a divorce.
“Was he impotent when you married him?” I asked. It turns out he was not. He was a very good giver of consortium for many years. Something changed, though and it was not the same. And it only got worse once he stopped being able to get an “E”- even after medical intervention.  I told her I didn’t think she could get a divorce on the basis that he was impotent.  “But my friend knows a lawyer who said I could get a divorce on the grounds of constructive abandonment,” she said.
I told her I doubted she could. I explained that in New York a constructive abandonment divorce can only be granted if she could show that her husband’s refusal to consort with her was “unjustified,” “willful” and “continued,” in spite of repeated requests. I further explained that if he was impotent at the time of marriage, she could have annulled the marriage on the basis of physical incapacity. But they were together for more than ten years.
“But I keep asking him for it,” she said. “Yes,” I agreed, “but he is refusing because he is physically incapable of getting or sustaining a you-know-what. It’s not because he is willfully denying your requests. His refusal is “justified” because he has a physical impairment.”
She told me she would get back to me but that she wanted to consult with some other lawyers. I told her that she may be able to get a divorce using another ground, but that if her husband challenged the divorce, and forced her to prove his willfullness, that a doctor’s report that he has a physical condition that made him incapable of performing, would blow her case out of the water.
But I told her it was only my interpretation of the statute. She was, of course, perfectly free to consult with another attorney on the issue.
But I think I am right on this. Under the circumstances, where a husband has a medical condition that can be demonstrated to cause E-D, (AND HE DOESN’T WANT THE DIVORCE!) a divorce on the grounds of constructive abandonment should not and cannot be granted pursuant to the Domestic Relations Law of the State of New York.
If a judge adjudicated someone divorced under these facts, then I would argue it would be a ripe case for appeal.