Carr v. Carr
New York Court of Appeals
46 N.Y.2d 270, 413 N.Y.S.2d 305, 385 N.E.2d 1234 (1978)
- Written by Steven Pacht, JD
Facts
Ann Carr (plaintiff) married Paul Carr in Nevada in 1956. Ann and Paul lived in several foreign countries because Paul worked for the United States Foreign Service. Ann left Paul in 1965, when the couple was living in Honduras, and eventually settled in New York. In 1967, Paul obtained an ex parte divorce in Honduras. In 1974, Barbara Carr (defendant), a California resident who had no contacts with New York, married Paul in Nevada. After Paul died in 1975, Barbara applied for survivor benefits from the Foreign Service Retirement and Disability System. Ann then sued Barbara in New York state court, seeking to invalidate the Honduran divorce and to obtain a declaration that Ann was Paul’s lawful surviving spouse. Barbara moved to dismiss the complaint on the ground that she was not subject to personal jurisdiction in New York. The trial court granted Barbara’s motion to dismiss, but the appellate division reversed. Barbara appealed.
Rule of Law
Issue
Holding and Reasoning (Cooke, J.)
Dissent (Breitel, C.J.)
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