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CARR v. CARR

46 N.Y.2d 270 (1978)

Ann E. Carr, Respondent, v. Barbara Carr, Individually and as Representative of The Estate of Paul B. Carr, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Mark G. Levine for appellant.

Peter E. Bloom and Daniel J. Bloom for respondent.

Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL and Judge WACHTLER dissent and vote to affirm in a memorandum.

COOKE, J.

We hold that, in the absence of "minimum contacts", New York courts have no jurisdiction over the nonresident second wife of a deceased husband, where the first wife seeks to obtain a declaration as to the validity of the first marriage.

Plaintiff Ann Carr, a resident of New York, alleges that she married decedent Paul Carr in Nevada on November 16...

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