CONNELL v. CONNELL


2 A.D.2d 478 (1956)

Ruth M. Connell, Respondent, v. John F. Connell, Appellant

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

November 16, 1956.


Attorney(s) appearing for the Case

James E. Gavagan for appellant.

Donald A. MacHarg for respondent.

BERGAN, HALPERN and GIBSON, JJ., concur with FOSTER, P. J.; ZELLER, J., dissents in memorandum.


FOSTER, P. J.

Defendant appeals from an order, which denied his motion to open a default judgment of divorce entered against him, and which held him in contempt.

Defendant did not appear or answer in the action for divorce. He asserts that he was deterred from doing so by the advice of plaintiff's counsel with whom both he and plaintiff had a social acquaintance. This advice, so defendant says, was to...

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