TIBER v. TIBER


282 A.D. 473 (1953)

Arthur M. Tiber, Appellant, v. Cecil B. Tiber, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 6, 1953.


Attorney(s) appearing for the Case

Richard H. Wels of counsel (Moss & Wels, attorneys), for appellant appearing specially.

Avel B. Silverman for respondent.

PECK, P. J., GLENNON, COHN and BOTEIN, JJ., concur.


BREITEL, J.

Plaintiff husband appeals from an order permitting defendant wife to serve an amended or supplemental answer, and denying him leave to discontinue or to enter a final judgment. The proposed answer sets up a counterclaim for a declaratory judgment determining that the husband's 1943 Maryland divorce was invalid.

It is our opinion that the wife's motion should have been denied.

The parties...

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