Busa v. Busa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardona, P. J.
The parties were divorced by a judgment of divorce entered August 13, 1982 in Columbia County. The judgment of divorce did not contain an award of equitable distribution but left it to future application, which evidently never occurred. Defendant has occupied the former marital residence exclusively since that time. Plaintiff commenced this action seeking partition (RPAPL art 9) by service of a summons and complaint upon defendant on December 26, 1991. Defendant failed to serve an answer. Subsequently, on March 2, 1992, defendant moved to vacate her default…
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