CAPDEVILLA v. CAPDEVILLA


149 A.D.2d 312 (1989)

Denise Capdevilla, Appellant, v. Martin Capdevilla, Respondent

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

April 4, 1989


While noting defendant-respondent husband's failure to file an opposing brief, we affirm IAS's finding of fact that plaintiff-appellant wife remained a domiciliary of New York "at all times" notwithstanding that she did not dwell here for a continuous period of eight years immediately preceding her commencement of this action for divorce. Given this finding of fact, it was an error of law to dismiss the action on the ground that plaintiff did not meet the durational residency...

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