Lansdale v. Lansdale

Bergan, J. P.

The parties formerly lived in New York as husband and wife. Plaintiff wife continues to be a resident of this State. Defendant husband claims residence in Florida. On April 11,1955, the summons and complaint in this separation action was served on defendant in Florida in pursuance of section 235 of the Civil Practice Act. Proof of service was filed in the clerk’s office May 9, 1955, and service therefore became “ complete ”, within the scope of section 235, ten days later on May 19th.

On May 17th defendant served a notice of motion to strike out the second cause of action…