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MATTER OF PATINO v. PATINO

283 A.D. 630 (1954)

In the Matter of Cristina de B. Patino, Respondent, v. Antenor Patino, Appellant Cristina de B. Patino, Respondent, v. Antenor Patino, Appellant

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

April 13, 1954.

Attorney(s) appearing for the Case

Murray I. Gurfein of counsel (Lee McCanliss with him on the brief; McCanliss & Early, attorneys), for appellant.

John McKim Minton of counsel (Paxton Blair and J. Harlin O'Connell with him on the brief; Patterson, Eagle, Greenough & Day, attorneys), for respondent.

PECK, P. J., BASTOW and BERGAN, JJ., concur with BREITEL, J.; CALLAHAN, J., concurs in opinion, in which BERGAN, J., concurs.

BREITEL, J.

This is a consolidated appeal from three orders which, among other things, denied motions to vacate (1) an order of arrest in supplementary proceedings, (2) a subpœna in supplementary proceedings, and (3) the service of a summons and complaint in a plenary action. The parties are husband and wife, nationals of Bolivia, who have been litigating with one another in three continents. Both are nonresidents...

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