Summary
In DeRaay v. DeRaay (280 N.Y. 822) the facts were similar to those in the instant case, except that in that case no action had been brought against the plaintiff in a foreign State although it had been threatened. It is true that in the Appellate Division in that case the fact that no action had been instituted in the foreign jurisdiction was stressed.
Summary of this case from Goldstein v. GoldsteinOpinion
Argued May 16, 1939
Decided May 31, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
Edward C. Weinrib and Kalman I. Nulman for appellant.
George J. Gross and Aaron H. Walowit for respondent.
Judgment affirmed, without costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.