FRANKIEL v. FRANKIEL


23 A.D.2d 770 (1965)

Rosanne Frankiel, Respondent-Appellant, v. Max Frankiel, Appellant-Respondent

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

April 12, 1965


Order, insofar as appealed from by the respective parties, affirmed, without costs.

We are of the opinion that the papers submitted on the defendant's cross motion for summary judgment conclusively established that in the Mexican divorce proceedings his first wife did not appear by an authorized attorney. Although the decree recites that she entered a personal appearance "through a duly admitted attorney," the reference in the decree to Statute 40 of the Code of Civil...

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