Legal Opinion

Oliphant v. Oliphant

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

Decided August 1, 2005PublishedCited by 5 opinions

1Opinion of the Court

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Horowitz, J.), dated December 9, 2003, which denied his objections to an order of the same court (Kava, H.E.), entered June 10, 2003, denying his motion to vacate an order of the same court (Kava, H.E.), dated February 5, 2003, awarding child support after an inquest.

Ordered that the order is affirmed, with costs.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see…

2Cases cited2 opinions

  1. Rolston v. RolstonAppellate Division of the Supreme Court of the State of New York · 1999
  2. Zherka v. ZherkaAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. Lee v. MorganAppellate Division of the Supreme Court of the State of New York · 2009
  2. Johnson v. LeeAppellate Division of the Supreme Court of the State of New York · 2011
  3. Dellagatta v. McGillicuddyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Joosten v. JoostenAppellate Division of the Supreme Court of the State of New York · 2006
  5. Hurston v. SouthleaAppellate Division of the Supreme Court of the State of New York · 2012

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