Legal Opinion
Zimmerman v. Mingo
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1991PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated October 20, 1989, which (1) granted the plaintiffs’ motion to strike his affirmative defense of lack of jurisdiction, and (2) denied his cross motion to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the defendant failed to meet his burden of proving that he had changed his New York domicile after enlisting in the United States Army. It is well settled that, "[a]n existing domicile…
2Cases cited11 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- In re the Estate of GadwayAppellate Division of the Supreme Court of the State of New York · 1987
- Laufer v. HaugeAppellate Division of the Supreme Court of the State of New York · 1988
- Clute v. ChuAppellate Division of the Supreme Court of the State of New York · 1984
- Furman v. General Dynamics Corp.District Court, S.D. New York · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Consford v. ConsfordAppellate Division of the Supreme Court of the State of New York · 2000