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DIGGS v. DIGGS

43 A.D.2d 912 (1973)

Anna Diggs, Plaintiff, v. Clayton Diggs, Defendant

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

September 5, 1973

Application granted.

In Deason v. Deason (32 N.Y.2d 93) the Court of Appeals did not decide whether the New York statutes permit service to be made in a matrimonial action by judicially devised means under CPLR 308 (subd. 5), but invited the parties to apply for such relief. When application was thereafter made to the trial court, service was authorized by mailing one copy of the summons to defendant in care of his mother...

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