Robinson v. Robinson — 279 N.Y. 582

Majority

p. 582

Joseph S. Robinson, Appellant, v. Mildred S. Robinson, Respondent.

Argued October 6, 1938;

decided October 25, 1938.

p. 583

The following questions were certified:

“ 1. Did the Special Term have power to vacate the orders and judgment herein? ■

“ 2. Did the Supreme Court have power in this action to enjoin a citizen of this State from prosecuting in a foreign jurisdiction an action to obtain a decree of divorce on grounds not recognized in this State, where the marriage res is within the State of New York and the defendant is personally served without the State pursuant to an order for such service? ”

John P. McGrath for appellant.

Murray E. Harston and Sidney Hein for respondent.

Order affirmed, with costs. First question certified answered in the affirmative; second question certified not answered. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.