COUTAIN v. COUTAIN


76 Misc.2d 982 (1974)

Peter G. Coutain, Plaintiff, v. Ermine V. Coutain, Defendant.

Supreme Court, Special Term, Kings County.

February 20, 1974


Attorney(s) appearing for the Case

Bernard Fromartz for plaintiff. Ermine V. Coutain, defendant in person.


LOUIS B. HELLER, J.

In this divorce action, plaintiff husband finds himself in a dilemma. Having effected personal service of the summons on his wife in London (she is now in default), the Clerk (Special Term, Part V) refuses to place this action on the uncontested matrimonial calendar, claiming that the affidavit of proof of service is defective. Plaintiff asks the court to find that under the circumstances, the affidavit is sufficient and that service...

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