Legal Opinion

Passas v. Passas

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 2005PublishedCited by 5 opinions

1Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment entered December 7, 1988, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J), dated September 30, 2003, which, after a hearing determining that the court properly obtained personal jurisdiction over him, denied his motion to vacate the judgment of divorce.

Ordered that the order is affirmed, with costs.

Although this Court has a liberal policy with respect to vacating defaults in matrimonial actions (see Viner v Viner, 291 AD2d 398 [2002]), it is still within the Supreme Court’s discretion…

2Cases cited2 opinions

  1. Black v. BlackAppellate Division of the Supreme Court of the State of New York · 1988
  2. Viner v. VinerAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by5 opinions

  1. Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
  2. Ogazi v. OgaziAppellate Division of the Supreme Court of the State of New York · 2007
  3. Faltings v. FaltingsAppellate Division of the Supreme Court of the State of New York · 2006
  4. Branch v. BranchAppellate Division of the Supreme Court of the State of New York · 2009
  5. Calle v. CalleAppellate Division of the Supreme Court of the State of New York · 2006

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