Leibovici v. Leibovici

This is a motion to confirm the report of Special Referee David M. Potts, Esquire, whose opinion therein follows:

“ The legal question posed by defendant’s motion relates to subdivision 3 of section 1165-a of the Civil Practice Act as to whether the residence requirement of ‘ at least one year continuously at any time prior to the commencement of the action ’ relates only to a continuous one year period subsequent to the marriage.

“ At the time of McDonald v. McDonald (241 App. Div. 457 [First Dept., 1934], affd. 265 N. Y. 546) subdivision 3 of section 1162 of the Civil Practice Act then in…