Legal Opinion
Hewlett v. Hewlett
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 1978PublishedCited by 11 opinions
1Opinion of the Court
—In an action for divorce, defendant appeals from an order of the Supreme Court, Nassau County, dated January 4, 1978, which denied his motion (1) to vacate and set aside his default in answering the complaint and (2) for leave to interpose an answer. Order reversed, without costs or disbursements, and motion granted. Defendant’s time to answer is extended until 20 days after entry of the order to be made hereon. In matrimonial actions the policy with respect to vacating defaults is a liberal one (Kerr v Kerr, 6 AD2d 807; Hegarty v Hegarty, 48 AD2d 891). Under the facts herein, the motion…
2Cases cited2 opinions
- Hegarty v. HegartyAppellate Division of the Supreme Court of the State of New York · 1975
- Kerr v. KerrAppellate Division of the Supreme Court of the State of New York · 1958
3Cited by11 opinions
- Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
- Pisano v. PisanoAppellate Division of the Supreme Court of the State of New York · 1979
- Levy v. LevyAppellate Division of the Supreme Court of the State of New York · 1979
- Lins v. LinsAppellate Division of the Supreme Court of the State of New York · 1983
- Breen v. BreenAppellate Division of the Supreme Court of the State of New York · 1984
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