This case involved a wife's suit in New York seeking to enjoin her husband from prosecuting a divorce action in France, following a 1954 New York judgment of judicial separation that incorporated a separation agreement on support and other marital obligations. The Appellate Division reversed the lower court's grant of a temporary injunction and dismissal denial, instead denying the injunction and dismissing the complaint. The court reasoned that the parties' contacts with France created disputed issues of domicile that could support French court jurisdiction, that principles of comity required New York to recognize valid French divorce judgments similarly to those from sister states, and that equitable restraint on foreign litigation was not warranted where jurisdiction was not clearly lacking and the prior New York adjudication could be protected through other means. The core policy distinction was drawn from cases involving sister-state divorces under full faith and credit versus foreign-country actions.

family lawprocedure