Urquhart v. Urquhart

This is a motion to vacate and set aside service of a summons which has been served without the State and by publication, pursuant to an order of this court directing such service under subdivision 1 of section 232 of the Civil Practice Act, and which contained a recital that the plaintiff was unable to ascertain whether the moving defendant was or was not a resident of New York at the time of the application. The action was brought by the plaintiff for a declaratory judgment, to establish that he was the lawful child of the movant and his codefendant. The movant did not appear to contest the…