ROOT v. ROOT


43 Misc.2d 337 (1964)

Myrna Root, Plaintiff, v. Stanley Root, Defendant.

Supreme Court, Westchester County.

May 20, 1964


Attorney(s) appearing for the Case

Siwek, Bergstein & Silberkleit for plaintiff. Koenig, Siskind & Drabkin for defendant.


JOHN J. DILLON, J.

The sole issue to be determined is whether or not the provisions contained in subdivision 3 of 308 CPLR relating to substituted service of process are applicable to a matrimonial action. The language contained in section 232 of the Domestic Relations Law is derived from section 1167 of the former Civil Practice Act and it specifically provides that in a matrimonial action a defendant may be served either personally or by publication...

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