Fico v. Fico

Motion to set aside service of the summons and complaint made outside the State.

This is an action brought by plaintiff wife against defendant husband and female corespondent for a judgment of separation and for a declaratory judgment that a Mexican divorce allegedly obtained by defendant husband against plaintiff is null and void and that the corespondent is not the lawful wife of defendant husband.

One of the causes of action in the separation action is brought pursuant to subdivision 5 of section 1161 of the Civil Practice Act, and involves the commission of an act of adultery by defendant…