WILLIS v. WILLIS


42 Misc.2d 473 (1964)

Grace E. Willis, Plaintiff, v. Charles F. Willis, Defendant.

Supreme Court, Special Term, New York County.

January 13, 1964


Attorney(s) appearing for the Case

Peaslee, Brigham, Albrecht & McMahon (Gerald J. McMahon and Amos J. Peaslee, Jr., of counsel), for defendant. Miller, Montgomery & Spalding (Dudley L. Miller and Mandeville Mullally of counsel), for plaintiff.


FREDERICK BACKER, J.

Defendant moves to vacate and set aside the service of the summons and complaint herein, on the ground that this court lacks jurisdiction over the person of the defendant. The defendant claims he is a nonresident of the State of New York and not subject to the jurisdiction of this court in this matrimonial action based on out-of-State service of the summons. We are presented with a novel question, viz., whether or not the execution...

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