Levy v. Levy

OPINION OF THE COURT

Mikoll, J. P.

The primary issue presented on this appeal is whether Supreme Court properly held that the phrase "provided that this state was the matrimonial domicile of the parties before their separation” as used in CPLR 302 (b) is sufficient to confer personal jurisdiction over defendant, a nonresident, who was served with a summons in the instant matrimonial action brought by plaintiff, a New York resident, in Washington based on the parties’ former matrimonial domicile in New York. Our examination of the issue leads us to the conclusion that the words "before their…