In a July 24, 2014 Supreme Court decision (Rockland County), Justice Gerald Loehr granted Fredman Baken & *Kosan’s motion to dismiss an action filed by a husband attempting to move the parties’ divorce case from California to New York.

The California court previously stayed (held in abeyance) the wife’s pre-existing California action pending the husbands attempt to invoke New York jurisdiction over the parties’ marriage. The court, in V vs. V, dismissed the Husband’s New York divorce action, sending the parties back to California to resume the litigation there, which was the Wife’s desire.

The court ruled that, in addition to the Husband improperly filing the action in New York County, rather than Rockland County where the Husband claims residence, the New York Court has no in personam (personal) jurisdiction over the Wife, who moved to California in 2006 with the entire family and has resided there since that time. Justice Loehr stated, ‘to compel Defendant to return to New York now in order to litigate her financial affairs which for the most part exist in California would offend due process. Accordingly, the court grants the motion to dismiss the complaint for lack of a basis to exercise in personam jurisdiction over the defendant.’

For more information on this case or for a consultation regarding any other aspect of your matrimonial and family law issues, please contact Fredman Baken & Novenstern.