Gordon v. Gordon

In an action for annulment defendant husband appears specially pursuant to section 237-a of the Civil Practice Act and moves to set aside the service of process made on him pursuant to section 235, or, in the alternative, to strike from the complaint such parts as relate to alimony and counsel fees.

The motion to set aside the service is based on alleged defects in the proof of service and on the ground that neither the plaintiff nor the defendant is a resident of New York and that an action for annulment, therefore, is not maintainable under section 1165-a of the Civil Practice Act.

The proof…