LYNN v. LYNN


302 N.Y. 193 (1951)

Lillian Lynn, Respondent, v. Jay J. Lynn, Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1951


Attorney(s) appearing for the Case

Herman A. Benjamin and Robert Satter for appellant.

Samuel Gottlieb, Walter P. Arenwald and Louis P. Neustein for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.


FULD, J.

The primary question posed is whether the doctrine of "divisible divorce", heretofore enunciated and applied in cases where the out-of-state divorce decree was granted to the husband ex parte, is to be extended to cover situations where the wife appeared in the divorce proceedings.

Plaintiff and defendant, married in New York City in 1926, were separated by a decree of the Supreme Court...

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