Gaglio v. Gaglio

In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Queens County, entered September 27, 1977, which, after a hearing, granted defendant’s motion (1) pursuant to CPLR 5015 to vacate a default judgment of divorce entered in favor of plaintiff and (2) for leave to serve a proposed answer with counterclaims for divorce. Order reversed, on the law and the facts, without costs or disbursements, and motion denied. The hearing court found that the verified complaint and note of issue had not been served upon the defendant wife. Although we hestitate to disturb findings…