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MRWIK v. MRWIK

49 A.D.2d 750 (1975)

Rosina Mrwik, Appellant, v. Robin Mrwik, Respondent

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

September 22, 1975

Order reversed, with $20 costs and disbursements, and matter remanded to Special Term for the making of a determination on the present record as to whether defendant was actually served with process.

An improperly executed affidavit of service is a mere irregularity and not a jurisdictional defect (Lambert v Lambert, 270 N.Y. 422, 427). The crucial question is whether or not defendant was in fact served with process...

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