KENNEDY v. KENNEDY


73 A.D.2d 662 (1979)

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

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

December 24, 1979


Appeal from the order dated November 8, 1978 dismissed as academic, without costs or disbursements. That order was superseded by the order granting reargument. Order entered January 30, 1979 affirmed insofar as reviewed, without costs or disbursements.

We agree with Special Term that the allegations in the plaintiff's verified complaint are too vague and indefinite to constitute an affidavit of merits sufficient to warrant vacatur of the plaintiff's default (see ...

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