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KOCHENTHAL v. KOCHENTHAL

28 A.D.2d 117 (1967)

Lauri S. Kochenthal, Respondent, v. Edward G. Kochenthal, Appellant

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

July 10, 1967.

Attorney(s) appearing for the Case

Singer, Corwin & Bobrow (Walter A. Bobrow of counsel), for appellant.

Joseph F. Minutolo for respondent.

BRENNAN, Acting P. J., HOPKINS and MUNDER, JJ., concur with BENJAMIN, J.; NOLAN, J., concurs in result in separate opinion.

BENJAMIN, J.

This is an action by wife against husband to recover payments allegedly due under a separation agreement executed in New York in 1957. At that time both parties live in this State. The wife still lives here, but the husband now lives in Indiana. The summons and complaint in this action were served on defendant in Indiana pursuant to CPLR 302 (subd. [a]). He moved to vacate the service and to dismiss the complaint on the ground that said statute...

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