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SWIERAD v. SWIERAD

16 Misc.2d 868 (1959)

Lottie Swierad, Plaintiff, v. Frank A. Swierad, Jr., Defendant.

Supreme Court, Special Term, Queens County.

January 23, 1959.

Attorney(s) appearing for the Case

Mario M. De Optatis for plaintiff.

John Haag Jiras for defendant.

DAVID KUSNETZ, J.

The plaintiff, in an action to declare the nullity of a judgment of divorce that the defendant obtained against her in the State of Alabama, moves for counsel fees pursuant to section 1169-a of the Civil Practice Act.

The defendant moves for summary judgment dismissing the complaint upon the ground that the plaintiff is precluded from questioning the validity of the aforesaid judgment...

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