LACKS v. LACKS 41. N.Y.2d 71, 359 N.E.2d 384 (1976) CASE BRIEF

LACKS V. LACKS

41. N.Y.2d 71, 359 N.E.2d 384 (1976)

NATURE OF THE CASE: This was an appeal from a divorce action for an order to vacate the final judgment of divorce.

FACTS: This evil saga began in 1965 when H filed for separation on grounds of mental cruelty. The complaint was dismissed and eventually it was overturned and a new trial was ordered. At the new trial, H wanted an absolute divorce which was granted in 1970 and affirmed in 1972. Two years later, Mrs. Lacks (W) made the contention that a New York court did not have subject matter jurisdiction over her because her husband (H) failed to meet the residency requirements and thus she moved to vacate the judgment. W contends that the final divorce decree that was issued by the court was not valid because the court lacked subject matter jurisdiction. The lower courts held the judgment invalid. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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