Kessler

The superior court granted respondent Ralph Kessler’s motion to vacate entry of a sister state judgment. Ira J. Lefton, as the committee of the person and property of Ruth Kessler, appeals. For purposes of this opinion we will refer to Ruth Kessler as appellant.

Respondent and appellant, while married, were residents of the State of New York. In January 1973 in said state they signed a separation agreement, which stated that “for all purposes, this agreement shall be enforceable in and shall be construed in accordance with the laws of the State of New York.” The agree ment provided for support payments from respondent to appellant which respondent honored until 1976. He then ceased making further payments. Respondent moved from New York to California in August 1973 and since then has continuously been a resident of this state, domiciled within the County of Los Angeles.

In 1977 appellant was declared incompetent to manage her own affairs and a committee (conservatorship) was established for her in New York. Mr. Lefton was appointed as her conservator. In June 1980 he commenced an action in New York against respondent to recover sums due appellant under the separation…