Degen v. Degen

The parties were married in New York; plaintiff and the child of the marriage have been living in New York since 1957. Defendant is a resident of New Jersey where the parties had resided together from 1955' until 1957 when plaintiff moved to New York with the child. In this action by the wife for a separation, the court, on documentary evidence, found that a foreign divorce had previously been granted to the husband in an ex parte action in New Jersey, and therefore properly granted the husband’s cross motion for summary judgment (Hoenig v. Hoenig, 28 Misc 2d 429). Section 1170-b of the Civil…