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STEVENSON v. NEWS SYNDICATE CO.

276 A.D. 614 (1950)

Robert R. Stevenson, Appellant-Respondent, v. News Syndicate Co., Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1950.

Attorney(s) appearing for the Case

George G. Hunter, Jr. and Robert S. Carroll for plaintiff, appellant-respondent.

James W. Rodgers and Andrew L. Hughes for defendant, respondent-appellant.

CARSWELL, Acting P. J., concurs with JOHNSTON, J. with memorandum; MacCRATE, J., concurs with JOHNSTON, J., and CARSWELL, Acting P. J.; SNEED, J., concurs for affirmance of the order denying plaintiff's motion, but dissents and votes to reverse the order denying defendant's motion, and to grant the motion, with memorandum, in which WENZEL, J., concurs.

JOHNSTON, J.

On April 6, 1948, plaintiff's wife commenced an action for separation against plaintiff in the Supreme Court, New York County. In that action she served a notice of motion for temporary alimony, counsel fees, to strike out defenses, and for a bill of particulars, together with supporting affidavits, including her own affidavit. No opposing affidavits were ever served, the motion was never argued or submitted, and on August 13, 1948, the motion...

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