Wallin v. Wallin

Appeal (1) from an order of the Supreme -Court at Special Term, entered November 17, 1969 in Columbia County, which granted plaintiff’s motion for summary judgment for arrears under a separation agreement incorporated into a divorce decree and (2) from the judgment entered thereon. The notice of motion contained a demand requiring that answering affidavits be served at least five -days before the return date and nothing is raised to question that the notice and supporting affidavit had been served at least 10 days prior to said return. The only issue presented on this appeal concerns the…