Legal Opinion
Morel v. Clacherty
Appellate Division of the Supreme Court of the State of New York
Decided October 13, 1992PublishedCited by 22 opinions
1Opinion of the Court
— In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Westchester County (DiFede, J.), dated July 6, 1990, which denied his motion to vacate the default judgment of divorce entered against him on August 19, 1988.
Ordered that the order is affirmed, with costs.
Although the general rule with respect to the opening of default judgments is not to be applied rigorously in matrimo*639nial actions, whether a particular judgment should be opened remains a matter of discretion (see, Wayasamin v Wayasamin, 167 AD2d 460, 462; Black v Black, 141 AD2d 689). On appeal, the…
2Cases cited3 opinions
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
- Black v. BlackAppellate Division of the Supreme Court of the State of New York · 1988
- Wayasamin v. WayasaminAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by22 opinions
- Bank of New York v. StradfordAppellate Division of the Supreme Court of the State of New York · 2008
- Bank of New York v. LagakosAppellate Division of the Supreme Court of the State of New York · 2006
- Proctor-Shields v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2010
- U.S. Bank, N.A. v. PetersAppellate Division of the Supreme Court of the State of New York · 2015
- Deutsche Bank National Trust Co. v. KarlisAppellate Division of the Supreme Court of the State of New York · 2016
17 more not listed; retrieve them via the Exa API.