Legal Opinion

McMahon v. McMahon

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 2001PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about January 24, 2000, which, inter alia, denied defendant-husband’s motion to vacate the plaintiff-wife’s notice of discontinuance of the action, unanimously affirmed, without costs.

The wife commenced an action for divorce by service on the husband of a summons, but no complaint, on April 1, 1998. Although the husband acknowledged service of the summons, and served a Notice of Appearance directing that a copy of all papers be served on his attorneys, he never demanded a complaint, nor did he serve an answer, intending to…

2Cases cited6 opinions

  1. Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1997
  2. Battaglia v. BattagliaNew York Court of Appeals · 1983
  3. Giambrone v. GiambroneAppellate Division of the Supreme Court of the State of New York · 1988
  4. Battaglia v. BattagliaAppellate Division of the Supreme Court of the State of New York · 1982
  5. Broder v. BroderNew York Court of Appeals · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Harris v. Ward Greenberg Heller & Reidy LLPAppellate Division of the Supreme Court of the State of New York · 2017
  2. McMahon v. McMahonNew York Supreme Court · 2001
  3. Polgar v. FocacciNew York Supreme Court · 2003
  4. DeLuise v. DeLuiseAppellate Division of the Supreme Court of the State of New York · 2001
  5. Greisman v. GreismanNew York Supreme Court · 2006

2 more not listed; retrieve them via the Exa API.

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