EVERITT v. EVERITT


4 N.Y.2d 13 (1958)

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

Court of Appeals of the State of New York.

Decided February 27, 1958.


Attorney(s) appearing for the Case

Jesse Climenko and Martin I. Shelton for appellant.

Sol A. Rosenblatt and Charles Roden for respondent.

Judges DESMOND, DYE, FULD and BURKE concur with Judge VAN VOORHIS; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY concurs.


VAN VOORHIS, J.

This action was commenced against a nonresident of New York State by the service of a summons and notice upon the defendant while she was temporarily within this State. The defendant appeared generally, demanding that a copy of the complaint and all other papers be served on her attorneys. The complaint was served in due time after the notice of appearance, but, instead of being confined to a contract...

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