Denkman v. Denkman

This is an action for a declaratory judgment that a Nevada divorce is invalid and that plaintiff and defendant are still husband and wife.

The matter was originally before this court on a motion to dismiss the complaint for lack of jurisdiction and legal capacity to sue. The com t at Special Term denied that motion, holding that an action for a declaratory judgment was not a matrimonial action; that the jurisdictional requirements governing matrimonial actions were not controlling. The court further denied a motion to vacate and set aside the service of the summons on the defendant Lillian P.…