Nagainis v. Zador

Order unanimously reversed, without costs, and without prejudice to respondent to renew her application in accordance with the following memorandum: The parties were married in 1959, and respondent wife left petitioner in 1961. In 1975 petitioner, Anatol Zador, instituted an action against respondent for divorce on the ground of her absence for more than five years without his knowledge as to whether she continued to live. He obtained an order of publication to acquire jurisdiction in the action; and on the return date thereof he was granted judgment of divorce by default entered on January…