Legal Opinion

Foca-Rodi v. Foca-Rodi

New York Supreme Court

Decided February 18, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Kristin Booth Glen, J.

This motion for reargument brought by defendant husband presents an interesting jurisdictional question which is or may be one of first impression in New York. The question presented is whether a defendant who appeared in a New York divorce action and admitted New York residence in a sworn statement can subsequently challenge the jurisdiction of the court to enter a judgment of divorce based on the fact that neither party had any connection to the State of New York and that New York therefore had no jurisdiction over the marital res, or whether the…

2Cases cited9 opinions

  1. Sosna v. IowaSupreme Court of the United States · 1975
  2. Williams v. North CarolinaSupreme Court of the United States · 1945
  3. Sherrer v. SherrerSupreme Court of the United States · 1948
  4. Eckert v. EckertAppellate Division of the Supreme Court of the State of New York · 1970
  5. In re the Estate of BrownNew York Surrogate's Court · 1986

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