Holbert v. Holbert

OPINION OF THE COURT

Richard F. Kuhnen, J.

Motion by defendant to strike from divorce judgment herein direction referring all matters having to do with maintenance to the Family Court of the State of New York. The judgment was obtained by default on January 16, 1981, service upon defendant having been made by a summons with notice of the nature of the action but no notice of any request for ancillary relief of maintenance, as required by subdivision a of section 232 of the Domestic Relations Law.

The basis of the motion is that by reason of failure to apprise defendant that maintenance would be…