Gross v. Gross

While this is an undefended divorce action grounded in abandonment, the court feels that a written decision is necessary to clarify any possible question that may arise in the future concerning the issue of service under the circumstances herein. Plaintiff wife has complied with all of the necessary statutory requirements sufficient to grant a divorce. However, plaintiff was not able to personally serve defendant and accordingly moved and was granted an order to serve defendant by publication pursuant to CPLR 316, including the mailing of the pleadings and notice of the pendency of the action…