Legal Opinion
McGusty v. McGusty
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2000PublishedCited by 4 opinions
1Opinion of the Court
—In a matrimonial action in which the parties were divorced by judgment dated May 19, 1998, the plaintiff appeals from an order of the Supreme Court, Kings County (Rigler, J.), dated October 15, 1998, which denied her motion, in effect, to vacate the judgment entered upon her default and to reopen the matter for the limited purpose of determining equitable distribution.
Ordered that the order is affirmed, with costs.
Although the courts have adopted a liberal policy of vacating defaults in matrimonial cases, a defaulting party is still required to show a reasonable excuse for the default and a…
2Cases cited8 opinions
- Adams v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
- Sayagh v. SayaghAppellate Division of the Supreme Court of the State of New York · 1994
- Baumer v. BaumerAppellate Division of the Supreme Court of the State of New York · 2000
- Booska v. BooskaAppellate Division of the Supreme Court of the State of New York · 1998
- Benjamin v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by4 opinions
- Rosen v. RosenAppellate Division of the Supreme Court of the State of New York · 2003
- Donaghy v. DonaghyAppellate Division of the Supreme Court of the State of New York · 2002
- Zherka v. ZherkaAppellate Division of the Supreme Court of the State of New York · 2005
- Erdheim v. DeutschAppellate Division of the Supreme Court of the State of New York · 2001