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KENNEDY v. KENNEDY

63 A.D.2d 993 (1978)

Thomas W. Kennedy, Respondent, v. Elsie I. Kennedy, Appellant

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

June 19, 1978

Order modified, on the law, by deleting therefrom the provisions which deemed the complaint served and directed the defendant to serve an answer. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to the defendant and without prejudice to an application by (1) the defendant for dismissal of the action for failure to serve a timely complaint and (2) the plaintiff to vacate his default.

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