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NICOLA v. NICOLA

61 A.D.2d 793 (1978)

Robert J. Nicola, Respondent, v. Mae E. Nicola, Appellant

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

February 6, 1978

Order affirmed, without costs or disbursements.

Plaintiff-respondent obtained a judgment of divorce on the ground of his wife's abandonment. Although the wife filed a notice of appearance in the action, her answer was untimely and was refused by plaintiff. The wife's motion to compel acceptance of her answer was made almost simultaneously with the notice of inquest by plaintiff, but the motion was returnable on a later date...

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