Rosenstiel v. Rosenstiel

Plaintiff wife in this action for a permanent injunction seeks to enjoin, pendente lite, the prosecution by defendant husband of a divorce action in Connecticut, the husband’s alleged domicile since 1936. Special Term in a well-reasoned opinion detailed the applicable law and relevant facts. The wife’s motion was denied and she appealed.

The husband, a wealthy man, is 70 years of age and this, his fourth marriage, occurred when he was 65 years old. The wife is 30 years younger, and had been divorced in Mexico, two years before the present marriage in 1956. They physically separated in 1960.…