MATTER OF NAGAINIS v. ZADOR


73 A.D.2d 1057 (1980)

In the Matter of Nina Nagainis, as Executrix of Anatol Zador, Deceased, Appellant, v. Anna E. Zador, Respondent

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

January 24, 1980


Order unanimously reversed, without costs, and without prejudice to respondent to renew her application in accordance with the following memorandum: The parties were married in 1959, and respondent wife left petitioner in 1961. In 1975 petitioner, Anatol Zador, instituted an action against respondent for divorce on the ground of her absence for more than five years without his knowledge as to whether she continued to live. He obtained an order of publication to acquire jurisdiction...

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