Haas v. Haas

Historically, the First Department has been very liberal in opening defaults in matrimonial actions (Vanderhorst v Vanderhorst, 282 App Div 312). Even in those matrimonial cases where the default was not inadvertent or the excuse was not adequate, this Department has consistently opened the default in the public interest if merit is shown to the defaulting party’s cause or defense. (Munkacsi v Munkacsi, 4 AD2d 854; Revson v Revson, 33 AD2d 738.) Even in those cases where merit was not demonstrated, the defaulter was even given an opportunity to renew upon more complete papers. (Price v Price,…