Fishbach v. Fishbach

This is a motion by plaintiff for an order to direct the entry of a judgment for the amount of arrears in alimony. Defendant is in default of payments of alimony and counsel fees awarded by a matrimonial judgment of this court. In pursuance of a prior application a money judgment had been entered for arrears up to July 23, 1956; the instant motion requests judgment to October 22, 1956.

This motion is bottomed upon a mere notice, served by mail addressed to defendant in Florida. Section 1171-b of the Civil Practice Act requires that “ The application for such order shall be upon such notice to…