Smart v. Smart

The two motions have been heard together. Defendant asks that the plaintiff’s motion be denied, and that her action be stayed upon the following grounds: (1) That plaintiff is not a resident of the State of New York within the meaning of section 1162 of the Civil Practice Act, and, therefore, not entitled to maintain this action; (2) that the award of temporary alimony and counsel fee in the Illinois action is a bar to similar relief in this case; (3) that the Illinois action having been first begun, the defendant is entitled to a stay of this action until its final determination.

While it is…