Silverman v. Silverman

In an action for separation, defendant, on March 3, 1941, was personally served with the summons and complaint, together with a notice of motion and affidavits in support of plaintiff’s motion for temporary alimony and counsel fee. The motion was returnable on March 10, 1941, when defendant appeared specially and opposed the application on the sole ground that the court did not acquire jurisdiction of the defendant in that he did not receive adequate and timely notice of the application, as required by rule 60 of the Rules of Civil Practice. The Special Term “ of its own instance ” adjourned…