Shenwick v. Paulk

—Order and judgment (one paper), Supreme Court, New York County (Joan Lobis, J.), entered July 31, 1998, which denied defendant’s motion to dismiss this action for divorce on the ground of prior action pending and granted plaintiffs cross motion to enjoin defendant from prosecuting the matrimonial action he commenced in California, unanimously affirmed, without costs.

The injunction is warranted by a strong showing that defendant did not have a bona fide residence in California at the time he commenced his action there (see, Vanneck v Vanneck, 49 NY2d 602, 608). The parties resided in New York…