Legal Opinion
Rolston v. Rolston
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 1999PublishedCited by 5 opinions
1Opinion of the Court
—In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Queens County (Gartenstein, J.H.O.), dated December 14, 1998, which denied her motion to vacate a judgment of divorce entered upon her default in appearing at an inquest. The defendant’s notice of appeal from a decision of the same court dated January 23, 1998, is deemed to be a premature notice of appeal from the order (see, CPLR 5520 [c]).
Ordered that the order is affirmed, with costs.
To vacate a judgment entered upon a default, the movant must demonstrate the existence of a…
2Cases cited8 opinions
- Sayagh v. SayaghAppellate Division of the Supreme Court of the State of New York · 1994
- Wayasamin v. WayasaminAppellate Division of the Supreme Court of the State of New York · 1990
- Baruch v. BaruchAppellate Division of the Supreme Court of the State of New York · 1996
- Conner v. ConnerAppellate Division of the Supreme Court of the State of New York · 1997
- Schorr v. SchorrAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joosten v. JoostenAppellate Division of the Supreme Court of the State of New York · 2006
- Ogazi v. OgaziAppellate Division of the Supreme Court of the State of New York · 2007
- Oliphant v. OliphantAppellate Division of the Supreme Court of the State of New York · 2005
- Jamieson v. RomanAppellate Division of the Supreme Court of the State of New York · 2007
- Sganga v. SgangaAppellate Division of the Supreme Court of the State of New York · 2012