Hammond v. Hammond

Order unanimously modified on the facts and in the exercise of discretion to the extent of remitting this matter to Special Term, Part XII, Supreme Court, New York County, for a hearing forthwith on defendant’s objections as to jurisdiction (domicile of defendant) and, as so modified, said order is affirmed, without costs to either party. All proceedings are stayed until completion of such hearing. Special Term should have heard and determined the objections raised by defendant pursuant to section 237-a (subd. 3, par. [a]) of the Civil Practice Act (see Pochna v. Pochna, 7 A D *6162d .971). While…