Legal Opinion

Schneider v. Schneider

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 1953PublishedCited by 4 opinions

1Per curiam

Defendants rested at the close of plaintiff’s ease and adduced no proof. We find nothing in plaintiff’s cross-examination or the record to support the trial court’s dismissal of plaintiff’s complaint.

New York was the domicile of the marriage between plaintiff and defendant Sylvia F. Schneider and also the marital domicile. The evidence established without contradiction that plaintiff was not personally served and did not appear either personally or by counsel in the wife’s Florida action against plaintiff for divorce on the ground of alleged cruelty; that the wife did not have a bona fide…

2Cases cited3 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Stokes v. . StokesNew York Court of Appeals · 1910
  3. Walker v. GerliAppellate Division of the Supreme Court of the State of New York · 1939

3Cited by4 opinions

  1. Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
  2. People v. CohenAppellate Division of the Supreme Court of the State of New York · 1965
  3. Herndon v. HerndonNew York Supreme Court · 1957
  4. Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958

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