DAY v. DAY


36 Misc.2d 88 (1962)

Frances S. Day, Plaintiff, v. Fairfield P. Day, Defendant.

Supreme Court, Special Term, New York County.

June 20, 1962


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Jacquelin A. Swords and Laurance Vogel of counsel), for defendant. Humphrey Statter for plaintiff.


FRANCIS X. CONLON, J.

Defendant moves for dismissal of the complaint upon the ground that the defendant is a resident of the State of Florida, plaintiff is a resident of the State of New Jersey and the alleged cause of action accrued wholly without the State of New York and did not arise out of any transactions occurring within the State of New York and that the court should exercise its discretion to decline to retain jurisdiction.

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