Frantz v. Frantz

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered March 19, 1982 in Rensselaer County, which (1) denied defendant’s motion for summary judgment dismissing the complaint, except the clause requesting court costs and counsel fees, and (2) granted plaintiff’s motion for summary judgment dismissing the first, second and third affirmative defenses contained in defendant’s answer. At issue here is the effect of a California divorce decree, obtained by plaintiff without personal jurisdiction over defendant, when plaintiff thereafter commences an action in New York…