Legal Opinion

Folk v. Folk

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

Decided April 17, 1995Published

1Opinion of the Court

In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dunkin, J.), dated December 2, 1993, as vacated the judgment of divorce dated March 30, 1993, entered upon the defendant wife’s default in appearing.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff’s contentions, the defendant wife’s *646submissions demonstrated the existence of a reasonable excuse for her default and a meritorious defense (see, CPLR 5015 [a]; Junowicz v Junowicz, 132 AD2d 527; cf., D’Alleva…

2Cases cited3 opinions

  1. D'Alleva v. D'AllevaAppellate Division of the Supreme Court of the State of New York · 1987
  2. Junowicz v. JunowiczAppellate Division of the Supreme Court of the State of New York · 1987
  3. Lesko v. LeskoAppellate Division of the Supreme Court of the State of New York · 1981

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