Taubenfeld v. Taubenfeld

In this action for divorce plaintiff wife moves for alimony and counsel fees pendente lite and the defendant makes a cross motion pursuant to rule 107 of the Rules of Civil Practice to dismiss the complaint, on the ground that the court has no jurisdiction of the subject matter of the action in that the plaintiff is not a “ resident ”.

It appears that plaintiff and defendant were married in Liege, Belgium, in June, 1928. Shortly thereafter the defendant went to Warsaw, Poland, of which country he was a citizen and resident. In January, 1929, plaintiff joined her husband in Warsaw, and the…