Lussier v. Lussier

This is an undefended divorce action against an absent nondomiciliary defendant husband commenced by service of a summons by publication pursuant to CPLR 316. Again the court feels impelled to express its opinion in this matter for the purpose of clarification as it did in the previous case of Gross v. Gross (56 Misc 2d 286). In the latter case it was held that service by publication against an absent resident defendant husband gave the court in personam jurisdiction over the defendant enabling the court to direct the payment of alimony. The question posed herein is whether the court may…