Lieb v. Lieb

In Lieb v. Lieb (53 A.D.2d 67 [1976]) the Appellate Division, Second Department, interpreted that portion of CPLR 302 (b) which confers jurisdiction over an out-of-state defendant when New York was the matrimonial domicile of the parties before their separation. The parties in Lieb had married in New York and resided here until 1957, at which time they moved to Virginia. In 1969, defendant abandoned plaintiff and the latter returned to New York where, after two years' residence, she commenced an action for support. Since the parties had not lived together in New York for at least 12 years prior to their separation, the Court (at 72) interpreted the phrase "before their separation" as being subject to an implicit limitation of "at least within the recent past."