HALVORSEN v. HALVORSEN


88 A.D.2d 581 (1982)

Olaf Halvorsen, Respondent, v. Kay Halvorsen, Appellant

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

May 3, 1982


Order reversed, on the law, without costs or disbursements, and matter remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

In view of the closely contested factual dispute regarding service upon the defendant in the divorce action, it was error for the court to deny the defendant's motion pursuant to CPLR 5015 (subd [a], par 4) to vacate the resulting judgment without first conducting a hearing. The matter cannot be determined...

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