Aquila v. Aquila

In an action for a divorce and ancillary relief, the defendant wife appeals from an order of the Supreme Court, Kings County (Potoker, J.), entered July 21, 1986, which, after a hearing, denied her motion to set aside a default judgment of divorce and to dismiss the complaint on the ground that she was not served with process.

Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, the judgment of divorce is vacated, and the plaintiff husband’s complaint is dismissed.

The issue at the hearing was whether or not the defendant was personally served with…