Intrabartolo v. Intrabartolo

Appellate Division of the Supreme Court of New York

Intrabartolo v. Intrabartolo

38 A.D.2d 711, 329 N.Y.S.2d 646, 1972 N.Y. App. Div. LEXIS 5660

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 3, 1972

StatusPublished

Cited by2 cases

This text of 38 A.D.2d 711 (Intrabartolo v. Intrabartolo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Intrabartolo v. Intrabartolo, 38 A.D.2d 711, 329 N.Y.S.2d 646, 1972 N.Y. App. Div. LEXIS 5660 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from so much of a judgment of the Supreme Court, Nassau County, entered January 21, 1971, as dissolved the marriage between him and plaintiff’s intestate, nunc pro tune as of the date of the inquest, November 16,1970. Appeal dismissed without costs. A judgment resulting from an inquest occasioned by defendant’s nonappearance in answering the complaint and at the trial is a default judgment from which no appeal lies (Jensen v. Union Ry. Co. of New York, 260 N. Y. 1; Pearlson v. Javits, 19 A D 2d 729). We have, however, considered the merits and, if the appeal were not being dismissed, we would affirm the judgment insofar as appealed from (Cornell v. Cornell, 7 N Y 2d 164, 169-170). Rabin, P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Appeal by defendant from so much of a judgment of the Supreme Court, Nassau County, entered January 21, 1971, as dissolved the marriage between him and plaintiff’s intestate, nunc pro tune as of the date of the inquest, November 16,1970. Appeal dismissed without costs. A judgment resulting from an inquest occasioned by defendant’s nonappearance in answering the complaint and at the trial is a default judgment from which no appeal lies (Jensen v. Union Ry. Co. of New York, 260 N. Y. 1; Pearlson v. Javits, 19 A D 2d 729). We have, however, considered the merits and, if the appeal were not being dismissed, we would affirm the judgment insofar as appealed from (Cornell v. Cornell, 7 N Y 2d 164, 169-170). Rabin, P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

38 A.D.2d 711, 329 N.Y.S.2d 646, 1972 N.Y. App. Div. LEXIS 5660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intrabartolo-v-intrabartolo-nyappdiv-1972.

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