McDonald v. McDonald

The action is by plaintiff husband for a separation and a permanent injunction. Defendant wife has appeared generally. During the pendency of the action, defendant commenced a Florida divorce action and plaintiff, who has not appeared in the Florida action, now moves this court to enjoin that suit pendente lite.

Following the impact of Williams v. North Carolina (317 U. S. 287) upon Goldstein v. Goldstein (283 N. Y. 146) relief in this nature has been granted by our courts. (See cases collated in Wolman v. Wolman, 182 Misc. 602.) However, in my opinion, the power of the court in this regard is…