Caivano v. Caivano

OPINION OF THE COURT

F. Dana Winslow, J.

Plaintiffs motion to dismiss on the basis that the Court lacks jurisdiction or, alternatively, on the basis of “forum non conveniens” is determined as follows.

This is a matrimonial action that was filed on February 6, 1996. The parties were married in Texas in 1973. They moved to New York in 1978 and lived there together continuously, as husband and wife, for 18 years. In January 1996, defendant Cathy Caivano and the parties’ three children moved back to Texas. Plaintiff Roy Caivano commenced this action one month later in New York. At the time of…