Iovino v. Iovino

In a matrimonial action in which plaintiff wife was granted a judgment of divorce upon the default of defendant husband, defendant appeals from an order of the Supreme Court, Nassau County, entered May 9, 1979, which denied his motion to vacate the default. Order reversed, without costs or disbursements, and matter remitted to Special Term for a hearing and a new determination in accordance herewith. This matrimonial action was commenced by service of a summons with notice upon defendant on May 5, 1975. A note of issue was not filed until April 29, 1977, and subsequent to this, plaintiff was…