Civil Procedure Keyed to Friedenthal
Lacks v. Lacks
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Plaintiff and Defendant, formerly husband and wife, were in contentious divorce litigation. At the time the action was started, Defendant claims Plaintiff had not lived in New York for over a year. A New York statute requires that both parties be residents of New York in order for the Supreme Court to render a divorce decree. Defendant filed suit two years after final judgment was affirmed to attack the final judgment. Defendant claims that the Supreme Court never had subject matter jurisdiction because Plaintiff did not meet the residency requirements. The Supreme Court disagreed and the Appellate Division affirmed. The Special Term agreed with Defendant and vacated the final judgment.
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