§ 232 — Notice of nature of matrimonial action; proof of service

New York § 232

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 13: Provisions Applicable to More Than One Type of Matrimonial Action

Text

§ 232. Notice of nature of matrimonial action; proof of service. a. In\nan action to annul a marriage or for divorce or for separation, if the\ncomplaint is not personally served with the summons, the summons shall\nhave legibly written or printed upon the face thereof: "Action to annul\na marriage", "Action to declare the nullity of a void marriage", "Action\nfor a divorce", or "Action for a separation", as the case may be, and\nshall specify the nature of any ancillary relief demanded. A judgment\nshall not be rendered in favor of the plaintiff upon the defendant's\ndefault in appearing or pleading, unless either (1) the summons and a\ncopy of the complaint were personally delivered to the defendant; or (2)\nthe copy of the summons (a) personally delivered to the defendant, or\n(b) served on the defendant pursuant to an order directing the method of\nservice of the summons in accordance with the provisions of section\nthree hundred eight or three hundred fifteen of the civil practice law\nand rules, shall contain such notice.\n b. An affidavit or certificate proving service shall state\naffirmatively in the body thereof that the required notice was written\nor printed on the face of the copy of the summons delivered to the\ndefendant and what knowledge the affiant or officer who executed the\ncertificate had that he was the defendant named and how he acquired such\nknowledge. The court may require the affiant or officer who executed the\naffidavit or certificate to appear in court and be examined in respect\nthereto.\n