Legal Opinion

Rapp v. Rapp

Appellate Division of the Supreme Court of the State of New York

Decided October 17, 1977PublishedCited by 3 opinions

1Opinion of the Court

In an action in which a judgment of divorce was entered in favor of the plaintiff husband upon defendant’s default, defendant appeals from an order of the Supreme Court, Suffolk County, dated March 11, 1977, which denied her motion to vacate the said judgment. Order affirmed, without costs or disbursements. There was no improvident exercise of discretion by Special Term in refusing to vacate the appellant’s default; appellant failed to establish that "the default * * * was not willful” (see Milner v Milner, 281 App Div 666), or that her nonappearance was an "honest mistake” (see Cachinski v…

2Cases cited3 opinions

  1. Milner v. MilnerAppellate Division of the Supreme Court of the State of New York · 1952
  2. Cachinski v. CachinskiAppellate Division of the Supreme Court of the State of New York · 1951
  3. Pollick v. PollickAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by3 opinions

  1. Candeloro v. CandeloroAppellate Division of the Supreme Court of the State of New York · 1987
  2. Koslosky v. KosloskyAppellate Division of the Supreme Court of the State of New York · 1999
  3. Trippe v. TrippeAppellate Division of the Supreme Court of the State of New York · 1985

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