Seitz v. Seitz

Herlihy and Reynolds, JJ.,

dissent and vote to reverse and remit, in a memorandum by Herlihy, J.: The summons and complaint, with an order to show cause seeking alimony and counsel fees, were served on the defendant May 31, 1961. Upon return of the motion, the defendant was given additional time to serve affidavits. The answer and reply affidavits were served on June 9th and shortly thereafter and before any order was made or entered, a reconciliation between the parties was effected. Thereafter on June 28, 1961, the attorney for the plaintiff addressed a letter to the court advising that the…