Trim v. Trim
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Lawliss, J.), entered October 25, 2004 in Franklin County, which denied *1204defendant’s motion to vacate a default judgment entered against him.
The parties were married in 1997. In August 2002, plaintiff commenced this instant action for divorce. Defendant was personally served with the summons and complaint and, by mail, also received correspondence from plaintiff’s attorney indicating that he should execute the enclosed “Affidavit of Defendant in Action for Divorce” if he was in agreement with plaintiffs complaint. Defendant did not sign the document…
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