Swierad v. Swierad

The plaintiff, in an action to declare the nullity of a judgment of divorce that the defendant obtained *869against her in the State of Alabama, moves for counsel fees pursuant to section 1169-a of the Civil Practice Act.

The defendant moves for summary judgment dismissing the complaint upon the ground that the plaintiff is precluded from questioning the validity of the aforesaid judgment of divorce because she appeared in the divorce action pursuant to a power of attorney which she executed and acknowledged on May 7, 1958 authorizing an attorney at law in the State of Alabama to submit her to the…