GAGLIO v. GAGLIO


63 A.D.2d 667 (1978)

Vito Gaglio, Appellant, v. Nancy Gaglio, Respondent

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

May 8, 1978


Order reversed, on the law and the facts, without costs or disbursements, and motion denied.

The hearing court found that the verified complaint and note of issue had not been served upon the defendant wife. Although we hesitate to disturb findings based on conflicting evidence and involving credibility of witnesses, a fair interpretation of the evidence compels a reversal. With respect to service of the verified complaint, the only evidence supporting the hearing...

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