Legal Opinion
Caton v. Caton
New York Supreme Court
Decided December 27, 1972PublishedCited by 4 opinions
1Opinion of the CourtJames H. Boomer, J.
Plaintiff has applied for judgment of divorce upon default of the defendant in appearing. Service of the summons was made by publication, but the first publication of the summons was not made within 20 days after the granting of the order of publication as required by subdivision (c) of CPLR 316. Plaintiff’s attorney 'asks that the failure to publish timely be deemed a mistake within the meaning of CPLR 2001 and be disregarded or corrected, especially since the first publication was only three days late.
“ No rule or measure has ever been devised by which we may determine in every case, with…
2Cases cited8 opinions
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
- Blossom v. . EstesNew York Court of Appeals · 1881
- Lambert v. LambertNew York Court of Appeals · 1936
- Winter v. WinterNew York Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Kaila B.Appellate Division of the Supreme Court of the State of New York · 2009
- Galbraith v. YancikNew York Supreme Court · 1974
- Morin v. FosterNew York Supreme Court · 1978
- Plitnick v. Fernandez, New York County Courts1986