Legal Opinion

Gonzalez v. Richmond

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

Decided December 22, 2009PublishedCited by 1 opinion

1Opinion of the Court

*1058The Supreme Court improvidently exercised its discretion in denying the defendant’s motion to vacate his default in appearing before the Supreme Court on June 4, 2008 (see Wong v Wong, 300 AD2d 473, 474 [2002]; Adams v Adams, 255 AD2d 535, 536 [1998]). “Although a party seeking to vacate a default must establish a reasonable excuse for the default and a meritorious defense, this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions” (Wong v Wong, 300 AD2d 473, 474 [2002]). Here, the defendant not only presented a reasonable excuse for his and his…

2Cases cited8 opinions

  1. Ripa v. RipaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Adams v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
  3. Dellagatta v. McGillicuddyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Connolly v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Schlakman v. SchlakmanAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by1 opinion

  1. Ito v. ItoAppellate Division of the Supreme Court of the State of New York · 2010

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