245 A.D. 373 | N.Y. App. Div. | 1935
The summons and complaint in this action were served on defendant who understood their contents and destroyed the papers. Defendant is guilty of laches since she did not make this motion until about thirteen months after the final decree was entered. It is clear that defendant has not outlined a meritorious defense to plaintiff’s action. If the fact be that she fraudulently participated in bringing about a judgment of divorce against herself in plaintiff’s favor, she is barred thereby.from the relief she now seeks, (Kinnier v. Kinnier, 53 Barb. 454; affd., 45 N. Y. 535;
All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.
Order reversed on the law and the facts, without costs, and motion denied, without costs.
