Schildkraut v. Schildkraut

— Interlocutory judgment unanimously affirmed, without costs. We are of opinion that the matrimonial domicile of both plaintiff and defendant continued from the date of the marriage to the commencement of the action in the county.of Kings in this State. The absence of the plaintiff husband in the State of New Jersey after he and his wife had agreed to live separate and apart did not change her matrimonial domicile nor his. We are not, therefore, concerned with the 2d subdivision of section 1147 of the Civil Practice Act, which permits an action for divorce to be maintained where the parties…