Patricia W. Vanderbilt v. Cornelius Vanderbilt

[1 N.Y.2d 342 Page 346] The principal question is as to the validity and applicability of this provision of section 1170-b of our Civil Practice
Act, enacted in 1953: "In an action for divorce, separation or annulment, or for a declaration of nullity of a void marriage,
where the court refuses to grant such relief by reason of a finding by the court that a divorce, annulment or judgment declaring
the marriage a nullity had previously been granted to the husband in an action in which jurisdiction over the person of the
wife was not obtained, the court may, nevertheless, render in the same action such judgment as justice may require for the
maintenance of the wife."