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GERMAIN v. GERMAIN

25 A.D.2d 568 (1966)

Susan St. Germain, Respondent, v. Jules B. St. Germain, Appellant

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

February 28, 1966

Order modified to the extent of granting defendant's motion to vacate the ex parte judgment. As so modified, the order insofar as appealed from is affirmed, without costs.

In our opinion, CPLR 2222 did not authorize plaintiff's attorney, ex parte, to enter judgment against defendant for arrears in payment of his obligation as fixed by a prior and outstanding order of the court. Section 244 of the Domestic Relations Law, like...

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