Broder v. Broder

Full title: JANE BRODER, Respondent, v. ALVIN BRODER, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 9, 1983

59 N.Y.2d 858 (N.Y. 1983)

465 N.Y.S.2d 926

452 N.E.2d 1254

Opinion

Decided June 9, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BEATRICE SHAINSWIT, J.

Leonard C. Shalleck for appellant.

Robert Z. Dobrish for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, and the question certified answered in the affirmative. No complaint or responsive pleading ever having been served or filed in the action commenced in 1979, plaintiff was within her rights to discontinue that action by notice. (CPLR 3217, subd [a], par 1; Battaglia v Battaglia, 59 N.Y.2d 778.)

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.