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ALBERTS v. ALBERTS

36 A.D.2d 973 (1971)

Leslie W. Alberts, Respondent, v. Fay Alberts, Appellant, et al., Defendant

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

May 24, 1971

Order affirmed, without costs.

No opinion.

Martuscello, Acting P. J., dissents and votes to reverse the order and grant appellant's motion to vacate the default judgment, with the following memorandum:

Appellant moved under CPLR 317 to vacate a default judgment entered October 9, 1967, which declared that her husband, the plaintiff, was the sole owner of funds on deposit in a joint account at Manufacturers Hanover Trust Company. The parties...

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