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MOHAN BHAGWANDAS MURJANI, plf-res, v. GUNI MOHAN MURJANI, def-ap

13627. MOHAN BHAGWANDAS MURJANI, plf-res, v. GUNI MOHAN MURJANI, def-ap — Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (Alan M. Pollack of counsel), for ap — Cohen Clair Lans Greifer and Thorpe, LLP, New York (Robert Stephan Cohen of counsel), for res — Order, Supreme Court, New York County (Laura E. Drager, J.), entered April 18, 2014, which, among other things, denied defendant's motion for summary judgment dismissing the complaint, denied her cross motion to withdraw her counterclaim, enjoined her from prosecuting an "anti-suit" Indian action, sanctioned her in the amount of $15,000, and awarded plaintiff interim counsel fees, unanimously affirmed, without costs.

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13627. MOHAN BHAGWANDAS MURJANI, plf-res, v. GUNI MOHAN MURJANI, def-ap — Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (Alan M. Pollack of counsel), for ap — Cohen Clair Lans Greifer and Thorpe, LLP, New York (Robert Stephan Cohen of counsel), for res — Order, Supreme Court, New York County (Laura E. Drager, J.), entered April 18, 2014, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint, denied her cross motion to withdraw her counterclaim, enjoined her from prosecuting an “anti-suit” Indian action, sanctioned her in the amount of $15,000, and awarded plaintiff interim counsel fees, unanimously affirmed, without costs.

The durational residency requirement set forth in Domestic Relations Law §230(5) was satisfied by evidence that for two years before the commencement of this action, defendant, although spending a portion of the statutorily relevant period in India and various other destinations, maintained a permanent residence in New York and returned there with regularity (see Jindal v. Jindal, 54 AD3d 605 [1st Dept 2008]; Wildenstein v. Wildenstein, 249 AD2d 12, 12 [1st Dept 1998]).

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