Gallousis v. Gallousis

Appellate Division of the Supreme Court of New York

Gallousis v. Gallousis

41 A.D.2d 830, 341 N.Y.S.2d 1018, 1973 N.Y. App. Div. LEXIS 4815

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1973

StatusPublished

This text of 41 A.D.2d 830 (Gallousis v. Gallousis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gallousis v. Gallousis, 41 A.D.2d 830, 341 N.Y.S.2d 1018, 1973 N.Y. App. Div. LEXIS 4815 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a separation action, defendant appeals from two orders of the Supreme Court, Kings County, the first, entered August 21, 1972, denying his motion for a change of venue from Kings County to Westchester County, and the second, dated October 19, 1972, granting plaintiff’s motion for a preliminary injunction restraining defendant during the pendency of this action from further prosecution of a divorce action brought by him in the State of New Jersey subsequent to the institution of this action. Case remanded to Special Term for a hearing and determination on the issue of appellant’s domicile and the questions of venue and jurisdiction. In the interim, the appeals will be held in abeyance. In our opinion, the essential facts should' be determined after •the taking of oral proof, rather than on the basis of pleadings, exhibits and conflicting affidavits. Munder, Acting P. J., Gulotta, Christ and Benjamin, JJ., concur; Martuscello, J., not voting.

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In a separation action, defendant appeals from two orders of the Supreme Court, Kings County, the first, entered August 21, 1972, denying his motion for a change of venue from Kings County to Westchester County, and the second, dated October 19, 1972, granting plaintiff’s motion for a preliminary injunction restraining defendant during the pendency of this action from further prosecution of a divorce action brought by him in the State of New Jersey subsequent to the institution of this action. Case remanded to Special Term for a hearing and determination on the issue of appellant’s domicile and the questions of venue and jurisdiction. In the interim, the appeals will be held in abeyance. In our opinion, the essential facts should' be determined after •the taking of oral proof, rather than on the basis of pleadings, exhibits and conflicting affidavits. Munder, Acting P. J., Gulotta, Christ and Benjamin, JJ., concur; Martuscello, J., not voting.

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Bluebook (online)

41 A.D.2d 830, 341 N.Y.S.2d 1018, 1973 N.Y. App. Div. LEXIS 4815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallousis-v-gallousis-nyappdiv-1973.