Opinion
April 21, 1952.
In this action for separation both parties are aliens and were permitted to enter this country on nonimmigrant visas in connection with defendant's employment in this State for the United Nations. They have lived in the County of Nassau. The appeal is from a judgment dismissing plaintiff's complaint on the ground that neither of the parties established a domicile in this State. Judgment reversed on the law and the facts and new trial granted, with costs to appellant to abide the event, on the authority of Taubenfeld v. Taubenfeld ( 276 App. Div. 873). Johnston, Acting J.P., Adel, MacCrate and Schmidt, JJ., concur; Wenzel, J., concurs on the authority of Taubenfeld v. Taubenfeld ( 276 App. Div. 873) but adheres to the views expressed in his dissenting memorandum in that case. [See post, p. 1078.]