Harold G. Lacks, Respondent, v. Irene R. Lacks, Appellant, 41 N.Y.2d 71

Summary

Appellant wife challenged the final decree of divorce from respondent husband claiming that errors of law or fact which might have been committed in the divorce action deprived the court of jurisdiction to adjudicate the case under N.Y. C.P.L.R. 5015 subd. [a], par. 4. Special Term vacated the final judgment, but the appellate division reversed. On appeal, the court affirmed, holding that N.Y. C.P.L.R. 5015 subd. [a], par. 4 did not apply because the contentions of appellant were not addressed to bases for subject matter jurisdiction. The court held that the overly stated principle that lack of subject matter jurisdiction made a final judgment absolutely void was not applicable to cases which, upon analysis, did not involve jurisdiction, but merely substantive elements of a cause for relief. There was considerable evidence of residence by the husband, and the court obviously determined that the husband had some residence even if not of the duration to satisfy the matrimonial statutes. ...