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Abstract

Plaintiff petitioned a New York court to restrain her husband from prosecuting an action for divorce in a Florida court, alleging that the parties were married in New York, had lived there as husband and wife for twelve years, were still residents of New York, and that the defendant's business was located in the state. The complaint also alleged that the defendant had abandoned the plaintiff without cause; that plaintiff could not bear the expense of defending the Florida action and, in the event of judgment, would lose her status as wife and her concomitant property rights. Held, this is not a proper case for the exercise of equity jurisdiction. Two judges dissented in separate opinions. Goldstein v. Goldstein, 283 N. Y. 146, 27 N. E. (2d) 969 (1940)-.

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