FERNANDEZ v. FERNANDEZ


39 Misc.2d 471 (1963)

Carmela Fernandez, Plaintiff, v. John Fernandez, Defendant.

Supreme Court, Special Term, Bronx County.

June 4, 1963


Attorney(s) appearing for the Case

Joseph C. Di Carlo for plaintiff. Schoengold & Sporn for defendant.


FRANCIS X. CONLON, J.

This is an application to restrain the defendant from proceeding with a Mexican divorce. The facts are not contested. There is an action pending in this court for a separation. It is on the Reserve Calendar awaiting trial. On May 15, 1963, plaintiff was served with papers in a divorce proceeding commenced in Mexico. The defendant relies heavily on the case of Rosenbaum v. Rosenbaum (309 N.Y. 371

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