Molesky v. Molesky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from a judgment of the Supreme Court (Hughes, J.), entered March 5, 1998 in Schoharie County, which denied defendant’s motion to vacate a default judgment of separation.
The parties were married in February 1965 and have three *822emancipated children. In June 1995, plaintiff commenced this action seeking a separation from defendant and distribution of the parties’ marital property. In October 1995, after defendant failed to appear, Supreme Court issued a default judgment and awarded plaintiff, inter alia, exclusive possession of the marital residence. Then, in January 1998, defendant moved…
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