(DOWNLOAD) "Parsons v. Parsons" by Dutchess County New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Parsons v. Parsons
- Author : Dutchess County New York Supreme Court
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant moves for an order vacating plaintiffs note of issue; for an order compelling plaintiffs deposition and, in the alternative, for an order dismissing the action. The relevant facts are not in dispute on this motion. Plaintiff commenced this action by filing a summons with notice on March 9, 2004. The notice on the summons advised defendant that the object of the action was to obtain a judgment of divorce as well as ancillary relief. The plaintiffs counsel did not effect personal service upon the defendant and instead requested that defendants attorney accept service on behalf of the defendant. On this motion, defendants counsel does not indicate whether he acceded to that request nor has he provided any indication that he declined to accept service. Thereafter, the plaintiff filed a request for judicial intervention and the Court scheduled and conducted a preliminary conference with the parties and their respective attorneys. Defendant and her attorney appeared on the scheduled date and made no objection to the manner in which the summons with notice was served and raised no issue as to personal jurisdiction. After a conference with my principal court attorney, the parties and their attorneys signed a stipulation indicating that the issue of fault was resolved and that the only issues to be tried were the issues of maintenance and equitable distribution. As is my custom, I issued a preliminary conference order which contained the parties stipulation as well as a discovery schedule, a compliance conference date, and a date for filing the note of issue.