Ramm v. Ramm

• Decision Date: 12 May 1971
• Citation: 271 N.E.2d 558,28 N.Y.2d 892,322 N.Y.S.2d 726
• Parties: , 271 N.E.2d 558 Elsa T. RAMM, Appellant, v. August H. RAMM, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 726

322 N.Y.S.2d 726

28 N.Y.2d 892, 271 N.E.2d 558

Elsa T. RAMM, Appellant, v. August H. RAMM, et al., Respondents.

Court of Appeals of New York.

May 12, 1971.

Appeal from the Supreme Court, Appellate Division, Second Department, 34 A.D.2d 667, 310 N.Y.S.2d 111.

Austin & DuPont, Mineola (Paul C. Ludwig, Jr., Stephen J. Masse, Mineola, of counsel), for appellant.

David Miller Kahn, White Plains (Martin J. Rosen, White Plains, of counsel), for defendants-respondents.

A declaratory judgment was brought for the determination of the validity of a Mexican divorce. The Supreme Court, Queens County, entered a judgment upholding validity of divorce and the plaintiff appealed.

The Appellate Division modified the judgment, and as modified, affirmed. It held that the wife's appearance, entered after rendition of final judgment of divorce that was void and nonrecognizable in New York when rendered, which resulted in a post judgment declaration by Mexican court that judgment was res judicata and invulnerable to attack by parties or stranger to action, qualified divorce for recognition in New York as of date of appearance. The plaintiff appealed.

On appeal the plaintiff wife argued that the subsequent proceedings in Mexico were ineffective to qualify divorce for recognition as a valid judgment, that the second Mexican decision was entered upon the unauthorized appearance of the plaintiff and that the notice...