Legal Opinion
Lesko v. Lesko
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1981PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed, without costs, and matter remitted for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying her motion to vacate a default judgment of divorce entered in favor of plaintiff on January 25, 1979. Although the motion was made within one year of service upon defendant of a copy of the judgment (see CPLR 5015, subd [a], par 1), Special Term found that she “failed to show a reasonable excuse and a meritorious defense”. While we agree that defendant’s motion papers fail to demonstrate a meritorious defense, we find the…
2Cases cited7 opinions
- Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
- Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 1970
- Long Island Trading Corp. v. TuthillAppellate Division of the Supreme Court of the State of New York · 1935
- Parker v. ParkerAppellate Division of the Supreme Court of the State of New York · 1979
- Biamonte v. BiamonteAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by4 opinions
- Lewis v. MillerRochester City Court · 1981
- Folk v. FolkAppellate Division of the Supreme Court of the State of New York · 1995
- Lesko v. LeskoAppellate Division of the Supreme Court of the State of New York · 1983
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983