Cahen-Vorburger v. Vorburger
Opinion of the Court
—Order, Supreme Court, New York County (Joan Lobis, J.), entered January 12, 2001, which denied defendant’s motion for leave to renew his prior motion to stay this New York divorce action on the ground that a final judgment of divorce has been issued in France, unanimously affirmed, with costs.
Plaintiff and defendant, both French citizens, were married in New York in 1991, and have resided here continuously since that time. Their two children were born and are being educated in New York. In May of 1998, defendant commenced a divorce action against plaintiff in France. In June of 1998, plaintiff commenced a divorce action against defendant in New York.
The IAS court initially granted defendant’s motion for a stay as to all issues pending in the French action except custody, visitation and child support, determining the children to be “habitual residents” of New York pursuant to the provisions of the Hague Convention (see, Matter of Brennan v Cibault, 227 AD2d 965). Upon plaintiff’s motion to renew based on Bourbon v Bourbon (259 AD2d 720), the IAS court vacated the stay, holding that the doctrine of comity did not constitute a ground
We find defendant’s remaining contentions unavailing. Concur — Andrias, J. P., Lerner, Rubin, Buckley and Marlow, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.