Merino v. Merino

Pursuant to the previous decision herein (Merino v. Merino, 55 Misc 2d 1098), defendant renews his motion to dismiss plaintiff’s action for separation and that an order be entered directing summary judgment in his favor annulling the marriage between the parties. In the prior matter the court held that plaintiff’s Alabama decree is vul*855nerable to attack on jurisdictional grounds, subject, however, to various equitable considerations (see Merino v. Merino, supra; Iatauro v. Iatauro, 55 Misc 2d 360).

The papers submitted clearly show that neither plaintiff nor her former spouse was a resident of…