McMAHON v. McMAHON


279 A.D.2d 346 (2001)

718 N.Y.S.2d 353

JULIE McMAHON, Respondent, v. JOHN McMAHON, Appellant.

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

Decided January 18, 2001.


The wife commenced an action for divorce by service on the husband of a summons, but no complaint, on April 1, 1998. Although the husband acknowledged service of the summons, and served a Notice of Appearance directing that a copy of all papers be served on his attorneys, he never demanded a complaint, nor did he serve an answer, intending to negotiate the financial aspects of the divorce prior to the service of the pleadings and their allegations of fault, the resulting...

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