Levess v. Levess ( 1967 )

Order entered October 19, 1966 denying defendant’s motion to dismiss the complaint for lack of jurisdiction of the subject matter, unanimously reversed on the law, with $50 costs and disbursements to the appellant and the complaint dismissed on the authority of Magowan v. Magowan (45 Misc 2d 972, affd. 24 A D 2d 840, revd. 19 N Y 2d 296). Concur — Botein, P. J., Stevens, Tilzer, McNally and McGivern, JJ.