TUTT v. TUTT


61 A.D.3d 967 (2009)

878 N.Y.S.2d 760

CHARLES TUTT, Appellant, v. JOAN TUTT, Respondent.

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

Decided April 28, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

In December 2005 the husband commenced this divorce action by filing a summons with notice. He served the wife in April 2006 and she filed a demand for the complaint. In a preliminary conference stipulation and order signed by the parties and their attorneys and so-Ordered by the court, the husband agreed to serve a complaint on or before December 1, 2006, the date from which the "timeliness...

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