Arvanetes v. Arvanetes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Beisner, J.), entered October 16, 1991 in Dutchess County, which denied defendant’s motion to vacate a default judgment entered against him.
It is true that courts have adopted a more liberal attitude in vacating default judgments in matrimonial actions (see, e.g., Wayasamin v Wayasamin, 167 AD2d 460; O’Brien v O’Brien, 149 AD2d 830). Nevertheless, the party seeking vacatur must still show both a reasonable excuse for the default and a meritorious defense (see, Schrader…
2Cases cited6 opinions
- Wayasamin v. WayasaminAppellate Division of the Supreme Court of the State of New York · 1990
- Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1991
- O'Brien v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1989
- Lins v. LinsAppellate Division of the Supreme Court of the State of New York · 1983
- Schrader v. SchraderAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by8 opinions
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- Butchar v. ButcharAppellate Division of the Supreme Court of the State of New York · 1995
- Bambino v. BambinoAppellate Division of the Supreme Court of the State of New York · 1999
- Koch v. KochAppellate Division of the Supreme Court of the State of New York · 1993
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