Legal Opinion
Davis v. Davis
New York Supreme Court
Decided March 1, 1988PublishedCited by 2 opinions
1Opinion of the Court
*971OPINION OF THE COURT
Ralph Yachnin, J.
A summons and complaint was served by the plaintiff wife in this action for divorce on July 24, 1987. Thereafter, the defendant husband moved to dismiss the complaint on the grounds that the durational requirements under section 230 of the Domestic Relations Law could not be satisfied at the trial. At one time these were deemed jurisdictional requirements, then Lacks v Lacks (41 NY2d 71, rearg denied 41 NY2d 901) determined that it was not a "jurisdictional” issue in the strict sense and thus a pretrial determination was not necessary. To cause the parties…
2Cases cited20 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- Morgan v. MorganSupreme Court of Connecticut · 1925
- Morehouse v. MorehouseSupreme Court of Connecticut · 1898
- Muscarella v. MuscarellaAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- Chun v. North American Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1988