Legal Opinion

McCuen v. McCuen

New York Supreme Court

Decided October 25, 1972Published

1Opinion of the CourtMoses M. Weinstein, J.

This is a motion to relieve the defendant of her default, vacate a judgment of this court dated October 21, 1971, and to permit defendant to serve and file an answer. Defendant also seeks as alternative relief a modification of the judgment and the award of custody of the infant female issue of the parties.

The defendant admits service of the summons for divorce and acknowledges that she consulted with an attorney with regard to the best course of action for her to take. Undoubtedly, the fact that the defendant and the two children were in California might make a defense somewhat more…

2Cases cited1 opinion

  1. Barry v. GlynnNew York City Family Court · 1969

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