Page v. Page

In this action for a separation brought by the husband, the defendant wife moves, upon a special appearance, to dismiss the complaint for lack of jurisdiction on the ground that the plaintiff omitted from the summons a statement of the county of his residence, as required by rule 45 of the Rules of Civil Practice. In the alternative, defendant seeks to have stricken from the complaint the allegations with respect to her residence in New York and the allegations seeking a determination of the custody of the children.

The plaintiff cross-moves pursuant to section 105 of the Civil Practice Act to…