Abramson v. Abramson

Order, Supreme Court, Bronx County, entered January 20, 1976, denying motion to vacate default judgment is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Reluctant as we are to permit matrimonial status to be adjudicated on default, there comes a point when such a default can no longer be excused. Here, after repeated delays and warnings and fixing of firm dates in advance, and after plaintiff, himself an attorney, had been sworn as a witness, plaintiff retained an attorney who was otherwise engaged and when the court refused to grant a…