STEWART v. STEWART


28 A.D.2d 1106 (1967)

Suzanne J. Stewart, Respondent, v. John Stewart, Appellant

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

November 2, 1967


Judgment in favor of plaintiff, in this action based upon an alleged Georgia judgment and decree, entered on May 5, 1961, in a divorce proceeding, unanimously reversed on the law, on the facts and in the exercise of discretion, without costs or disbursements and matter remanded for a new trial, prior to which the parties are directed to serve formal pleadings (see: CPLR 3213).

The case shall retain its position on the Trial Calendar. The plaintiff has failed to adequately...

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