Legal Opinion

Washington v. Janati

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

Decided June 24, 2014PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered March 5, 2013, which denied defendant’s motion to vacate the judgment of annulment entered upon his default and replace it with a judgment of divorce, unanimously affirmed, without costs.

Defendant failed to demonstrate a reasonable excuse for his default (see CPLR 5015 [a]; Benson Park Assoc., LLC v Herman, 73 AD3d 464, 465 [1st Dept 2010]). His bare contentions that he did not understand the consequences of the fraud ground in Domestic Relations Law § 140 (e) and that he could not afford an attorney do not constitute…

2Cases cited2 opinions

  1. Benson Park Associates, LLC v. HermanAppellate Division of the Supreme Court of the State of New York · 2010
  2. M.R. v. 2526 Valentine LLCAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by3 opinions

  1. Matter of Ne Veah M. (Michael M.)Appellate Division of the Supreme Court of the State of New York · 2017
  2. Sederias v. SederiasAppellate Division of the Supreme Court of the State of New York · 2016
  3. Sederias v. SederiasAppellate Division of the Supreme Court of the State of New York · 2016

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