Legal Opinion
Faltings v. Faltings
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2006PublishedCited by 4 opinions
1Opinion of the Court
In a matrimonial action in which the parties were divorced by judgment entered October 25, 2004, upon the defendant’s default in appearing or answering, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated November 4, 2005, which, inter alia, denied her motion to vacate the judgment.
Ordered that the order is affirmed, with costs.
Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court’s discretion whether to vacate a default (see Passas v Passas, 18 AD3d 842…
2Cases cited5 opinions
- Black v. BlackAppellate Division of the Supreme Court of the State of New York · 1988
- Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
- Viner v. VinerAppellate Division of the Supreme Court of the State of New York · 2002
- Dinstber v. FluddAppellate Division of the Supreme Court of the State of New York · 2003
- Passas v. PassasAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Dervisevic v. DervisevicAppellate Division of the Supreme Court of the State of New York · 2011
- Diaz v. DiazAppellate Division of the Supreme Court of the State of New York · 2010
- Young Chen v. Ruihua LiAppellate Division of the Supreme Court of the State of New York · 2009
- Cuzzo v. CuzzoAppellate Division of the Supreme Court of the State of New York · 2009