Swanes v. Swanes

In a matrimonial action, the defendant husband appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated October 15, 1985, which denied his motion to vacate a default judgment of the same court, dated May 28, 1985, which, inter alia, granted a divorce to the plaintiff wife.

Order affirmed, with costs.

In support of a motion to vacate a default judgment pursuant to CPLR 5015 (a) (1), a movant must demonstrate both a valid excuse for his default and a meritorious defense to the underlying action (see, Wagenknecht v Government Employees Ins. Co., 97 AD2d 407; Association…