BINET v. BINET


53 A.D.2d 836 (1976)

Dennis Binet, Respondent, v. Natalie Binet, Appellant

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

July 13, 1976


One bill of costs is awarded to defendant.

This is an action by the husband for divorce in which the wife has counterclaimed for divorce and separation. Although the husband did not promptly comply with the demand for bill of particulars and failed to appear for examination before trial, it appears that both the defaults have been cured and the Special Term Justice properly exercised his discretion not to grant the extreme sanction of preclusion or dismissal as defendant...

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