Kolodny v. Kolodny

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated December 29, 2000, which denied his motion for leave to vacate his default in answering, and granted the plaintiff’s cross motion for leave to enter a judgment upon his default, and for an inquest on the financial issues.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.

The Supreme Court erred in denying the defendant’s motion to vacate his default in answering. Given…