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ARPELS v. ARPELS

9 A.D.2d 336 (1959)

Helene Arpels, Respondent, v. Louis Arpels, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1959.

Attorney(s) appearing for the Case

Charles Roden of counsel (Richard L. Russell with him on the brief; Sol A. Rosenblatt, attorney), for appellant.

Milton S. Gould of counsel (Arthur S. Friedman and Martin London with him on the brief; Gallop Climenko & Gould, attorneys), for respondent.

RABIN, J. P., VALENTE and STEVENS, JJ., concur with BERGAN, J.; McNALLY, J., dissents and votes to affirm in opinion.

BERGAN, J.

This is a suit to restrain by injunction the maintenance in France of an action for divorce. The defendant husband is a native and a citizen of the Republic of France; the plaintiff wife is a native of Monaco, now living in New York, but an alien and concededly subject to French law in respect of the subject matter of the French suit.

The parties were married in France in 1933 and lived there...

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