Richards v. Richards 286 A.D. 831

Judgment, so far as appealed from, unanimously affirmed, with costs. There has been no general appearance by the defendant. Nevertheless, in the interest of justice, the defendant may move to open his default with respect to the issue of plaintiff's alimony and counsel fee, provided his payments under the judgment are up to date and all costs imposed in the action have been similarly paid. Concur— Callahan, J. P., Breitel, Bastow and Rabin, JJ.