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EVERITT v. EVERITT

3 A.D.2d 413 (1957)

Robert H. Everitt, Appellant, v. Deborah R. Everitt, Also Known as Deborah G. Rood, Respondent

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

April 9, 1957.

Attorney(s) appearing for the Case

Sol A. Rosenblatt (Charles Roden with him on the brief), for appellant.

Jesse Climenko of counsel (Martin I. Shelton with him of the brief; Gallop, Climenko & Gould, attorneys), for respondent.

BREITEL, J. P., BOTEIN, RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

Plaintiff served a summons on defendant, a nonresident, bearing a notice that in the event of default judgment would be taken against her for the sum of $46,900. Defendant interposed a general notice of appearance and demanded that a copy of the complaint be served upon her attorneys. The complaint contained not only a first cause of action to recover the sum of $46,900 on an express contract, but a second cause of action to recover $1,500 on an...

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