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Lacks v. Lacks

Court of Appeals of New York
359 N.E.2d 384 (N.Y. 1976)


Facts

Mr. Lacks (plaintiff) (husband) brought suit against Mrs. Lacks (defendant) (wife) for divorce. The court granted the husband divorce and the appellate court affirmed. The wife’s leave to appeal to the Court of Appeals of New York was denied. Then, two years later, the wife filed a motion to vacate the judgment on the grounds that the court did not have subject matter jurisdiction over the divorce suit. The wife argued that the husband had not been a resident of New York for long enough to satisfy a New York state law requiring that a divorce action can only be maintained when residency requirements are met.

Rule of Law

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Issue

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Holding and Reasoning (Breitel, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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