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Mrwik v. Mrwik

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1975
49 A.D.2d 750 (N.Y. App. Div. 1975)

Opinion

September 22, 1975


In a matrimonial action in which the plaintiff wife was granted a judgment of divorce, she appeals from an order of the Supreme Court, Queens County, dated March 17, 1975, which, inter alia, vacated the said judgment and dismissed the action. Order reversed, with $20 costs and disbursements, and matter remanded to Special Term for the making of a determination on the present record as to whether defendant was actually served with process. An improperly executed affidavit of service is a mere irregularity and not a jurisdictional defect (Lambert v Lambert, 270 N.Y. 422, 427). The crucial question is whether or not defendant was in fact served with process. Special Term, which saw and heard the witnesses is best able to answer such question. Hopkins, Acting P.J., Cohalan, Christ, Brennan and Munder, JJ., concur.


Summaries of

Mrwik v. Mrwik

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1975
49 A.D.2d 750 (N.Y. App. Div. 1975)
Case details for

Mrwik v. Mrwik

Case Details

Full title:ROSINA MRWIK, Appellant, v. ROBIN MRWIK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 22, 1975

Citations

49 A.D.2d 750 (N.Y. App. Div. 1975)

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