Martens v. Martens

Upon instituting this action for absolute divorce, plaintiff moved for alimony pendente lite and counsel fee. Defendant made a cross-motion pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground that there is an existing final judgment of divorce dissolving the marriage between the parties rendered by a court of competent jurisdiction. The Special Term allowed plaintiff a counsel fee and denied defendant’s cross-motion, holding that there is an issue of fact concerning the validity of the foreign decree in this State because of the…