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SCHOENBROD v. SIEGLER

20 N.Y.2d 403 (1967)

James T. Schoenbrod, Appellant, v. Rosanne S. Siegler, Respondent.

Court of Appeals of the State of New York.

Reargued September 25, 1967.

Decided September 28, 1967.

Attorney(s) appearing for the Case

Elias Rosenzweig, Harry G. Liese and James T. Schoenbrod, in person, for James T. Schoenbrod, appellant.

Jules Martin for respondent.

Judges BERGAN, KEATING and HENRY concur with Chief Judge FULD; Judges VAN VOORHIS, BURKE and SCILEPPI dissent and vote to affirm in separate opinions by Judges VAN VOORHIS and BURKE, in both of which each dissenting Judge concurs.

Chief Judge FULD.

The sole issue in this case is whether a party to a Mexican divorce may proceed in our courts to litigate the validity of the marriage which the divorce purportedly terminated. The claim has been made that the judgment of divorce is res judicata on that issue.

According to the complaint, the parties are New York residents who in 1963...

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