Gavaletz v. Gavaletz

Appeal from an order of the Supreme Court (Scarano, J.), entered February 22, 2001 in Saratoga County, which denied defendant’s motion to vacate a default judgment entered against her.

Plaintiff commenced this action against defendant, a native of Germany, by service of a summons with notice in July 1997 seeking a divorce upon the ground of cruel and inhuman treatment and equitable distribution of the parties’ marital *756property. Defendant, who was in the process of returning to Germany at the time, consulted a local attorney, who purportedly advised her that she need not oppose the divorce and…