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HARVEY v. HARVEY

9 Misc.3d 790 (2005)

803 N.Y.S.2d 361

PATRICIA HARVEY, Plaintiff, v. DOUGLAS HARVEY, Defendant.

Supreme Court, Erie County.

July 7, 2005.

Attorney(s) appearing for the Case

Joseph J. Scinta, Kenmore, for defendant.

Deanne M. Tripi, Buffalo, for plaintiff.

OPINION OF THE COURT

ERIN M. PERADOTTO, J.

I. Background

The plaintiff commenced an action for divorce by filing a summons with notice on July 31, 2003 and personally serving same on the defendant on August 5, 2003. The plaintiff asserts that, although she had retained counsel to negotiate a divorce settlement, she did not authorize her attorney to commence an action and was not aware that...

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