Zimler v. Silver

Upon the foregoing papers it is ordered that this motion by the defendant to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 3, 7; subd [c]) is determined as follows:

This is an action by the plaintiff who is a record owner, as one of the tenants by the entirety, of a dwelling in Glen Cove. Her former husband obtained an ex parte divorce decree in the State of Nevada on May 10, 1973. In that action, she alleges without contradiction, she neither appeared in person nor by attorney. Shortly thereafter, the defendant obtained and filed a confession of judgment against the…