Ogazi v. Ogazi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), dated October 20, 2006, which denied his motion to vacate an order of the same court dated June 27, 2006, entered upon his default in appearing at a pretrial conference.
Ordered the order is affirmed, with costs.
Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court’s discretion to determine whether a default should be vacated (see Passas v Passas, 18 AD3d 842 [2005];…
2Cases cited6 opinions
- Black v. BlackAppellate Division of the Supreme Court of the State of New York · 1988
- Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
- Viner v. VinerAppellate Division of the Supreme Court of the State of New York · 2002
- Passas v. PassasAppellate Division of the Supreme Court of the State of New York · 2005
- Rolston v. RolstonAppellate Division of the Supreme Court of the State of New York · 1999
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