Milner v. Milner

Memorandum by the Court. This is a matrimonial action. The default on the part of plaintiff was not willful. Accordingly, the court in the exercise of its discretion should have granted plaintiff’s application to open her default and to restore the action to the Special Term calendar for trial (Price v. Price, 228 App. Div. 796 [2d Dept.]; Mott v. Mott, 134 App. Div. 569 [2d Dept.]).

Order reversed, with $10 costs and disbursements to the appellant, and the motion granted.