Lamm v. Lamm

Kunzeman, J.,

concurs in part and dissents in part, and votes to affirm, with the following memorandum: Upon the default of the defendant in responding to the plaintiffs motion to modify the judgment of divorce which had awarded the defendant custody of the parties’ daughter, the Supreme Court granted the plaintiff custody of the parties’ daughter, child support and counsel fees. The defendant alleges that neither the order to show cause dated June 29, 1988, which brought on the plaintiff’s motion, nor the order and judgment entered November 9, 1988, upon his default in responding, were served…