Capdevilla v. Capdevilla

Order of the Supreme Court, New York County (Jacqueline W. Silbermann, J.), entered on or about February 5, 1988, which granted defendant’s cross motion to dismiss the action, is unanimously reversed, on the law, insofar as appealed from, the cross motion denied and the complaint reinstated, with costs.

While noting defendant-respondent husband’s failure to file an opposing brief, we affirm IAS’s finding of fact that plaintiff-appellant wife remained a domiciliary of New York "at all times” notwithstanding that she did not dwell here for a continuous period of eight years immediately preceding…