LACKS v. LACKS


41 N.Y.2d 71 (1976)

Harold G. Lacks, Respondent, v. Irene R. Lacks, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1976.


Attorney(s) appearing for the Case

Myrna Felder, New York City, for appellant.

Samuel Gottlieb, Emanuel Baetich, Eugene H. Feldman and Milton Shalleck, New York City, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Defendant wife in a protracted litigation, one of several between the parties, by postjudgment motion sought to set aside the final judgment of divorce against her on the ground that the court never had subject matter jurisdiction (CPLR 5015, subd [a], par 4). Plaintiff husband started the action, originally only for a separation, in August, 1965. After an appeal and two trials the husband...

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