Legal Opinion
Baruch v. Baruch
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1996PublishedCited by 13 opinions
1Opinion of the Court
—In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), dated October 27, 1994, which denied his motion, inter alia, to vacate his default in appearing for trial.
Ordered that the order is affirmed, with costs.
Although this Court has adopted a liberal policy of vacating defaults in matrimonial actions, the opening of a default remains discretionary (see, Bicknell v Bicknell, 214 AD2d 598; Sayagh v Sayagh, 205 AD2d 678), and "it is still incumbent upon the moving party to show a reasonable excuse for the default…
2Cases cited5 opinions
- Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
- Sayagh v. SayaghAppellate Division of the Supreme Court of the State of New York · 1994
- Kellerman v. KellermanAppellate Division of the Supreme Court of the State of New York · 1994
- Arvanetes v. ArvanetesAppellate Division of the Supreme Court of the State of New York · 1993
- Bicknell v. BicknellAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by13 opinions
- Atwater v. MaceAppellate Division of the Supreme Court of the State of New York · 2007
- Adams v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
- Wexler v. WexlerAppellate Division of the Supreme Court of the State of New York · 2006
- Conner v. ConnerAppellate Division of the Supreme Court of the State of New York · 1997
- Booska v. BooskaAppellate Division of the Supreme Court of the State of New York · 1998
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