HALABY v. HALABY


289 A.D.2d 657 (2001)

734 N.Y.S.2d 271

REGINALD HALABY, Respondent, v. CLAUDETTE HALABY, Appellant.

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

Decided December 6, 2001.


Peters, J.

In July 1998, plaintiff commenced this action for divorce, prompting defendant's answer and counterclaim. When plaintiff's request for an adjournment was denied, counsel appeared on his behalf and a one-day nonjury trial was held in June 1999. Supreme Court dismissed plaintiff's complaint, severed the counterclaim and dismissed plaintiff's reply thereto. Proceeding as a default in answering the counterclaim and receiving testimony to establish grounds for...

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