ANTALEK v. ELLIOTT


26 A.D.2d 716 (1966)

Helen Antalek, Respondent, v. Chauncey Elliott, Appellant

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

July 1, 1966


MEMORANDUM BY THE COURT.

That a jurisdictional ground other than this was that urged on the motion to relieve (CPLR 5015, subd. 4) does not, of course, foreclose appellant's additional jurisdictional objection here, even if it be considered that the latter was not before the Special Term by reason of the reference in the moving affidavit to the critical dates involved.

Order reversed, on the law and the facts, and motion granted,...

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