Legal Opinion
Diachuk v. Diachuk
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 1986No. Appeal No. 1PublishedCited by 12 opinions
1Opinion of the Court
—Order, insofar as appealed from, unanimously modified, on the law, and as modified, affirmed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The court did not err in denying defendant’s motion to vacate a default judgment of divorce because defendant failed to establish a meritorious defense to plaintiff’s allegations of cruel and inhuman treatment (CPLR 5015 *986[a] [1]; see, Biamonte v Biamonte, 57 AD2d 1052, 1053). However, in determining the distribution of the parties’ property, the court made no…
2Cases cited4 opinions
- Hanford v. HanfordAppellate Division of the Supreme Court of the State of New York · 1982
- Biamonte v. BiamonteAppellate Division of the Supreme Court of the State of New York · 1977
- Conde v. CondeAppellate Division of the Supreme Court of the State of New York · 1983
- Cocchia v. CocchiaAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by12 opinions
- Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
- Black v. BlackAppellate Division of the Supreme Court of the State of New York · 1988
- Anglin v. AnglinAppellate Division of the Supreme Court of the State of New York · 1989
- Michalek v. MichalekAppellate Division of the Supreme Court of the State of New York · 1992
- Norgauer v. NorgauerAppellate Division of the Supreme Court of the State of New York · 1987
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