RYAN v. RYAN


33 A.D.2d 969 (1970)

John P. Ryan, Respondent, v. Marguerite A. Ryan, Appellant

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

January 29, 1970


SWEENEY, J.

This controversy arises from an action for divorce and separation commenced in August of 1966 by the respondent-husband. The wife counterclaimed for a divorce. Courts are reluctant to declare a party in default. With the obligation to keep the calendar moving and do justice to all parties, there may come a time, however, when they have no alternative. Such was the situation in the instant case. The...

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