Camp v. Camp

Plaintiff wife moves by notice of motion for an order directing the entry of judgment for arrears of alimony. (See 21 Misc 2d 908.) The notice of motion was served on the attorneys of record for defendant- husband. Defendant husband appears specially and cross-moves for an order setting aside service of the notice of motion on the ground that plaintiff must proceed by order to show cause. Section 1171-b of the Civil Practice Act provides that ‘‘ The application for such order shall be upon such notice to the husband or other person as the court may direct.”

The section contemplates that the…