Abramson v. Abramson

Appellate Division of the Supreme Court of New York

Abramson v. Abramson

55 A.D.2d 519, 388 N.Y.S.2d 619, 1976 N.Y. App. Div. LEXIS 15155

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

DecidedDecember 2, 1976

StatusPublished

Cited by1 cases

This text of 55 A.D.2d 519 (Abramson v. Abramson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abramson v. Abramson, 55 A.D.2d 519, 388 N.Y.S.2d 619, 1976 N.Y. App. Div. LEXIS 15155 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, Bronx County, entered January 20, 1976, denying motion to vacate default judgment is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Reluctant as we are to permit matrimonial status to be adjudicated on default, there comes a point when such a default can no longer be excused. Here, after repeated delays and warnings and fixing of firm dates in advance, and after plaintiff, himself an attorney, had been sworn as a witness, plaintiff retained an attorney who was otherwise engaged and when the court refused to grant a further adjournment plaintiff, his new attorney, and the representative of his old attorney walked out of the courtroom. We note that the judgment makes no provision with respect to visitation. If plaintiff wants any relief as to that, or a modification of the alimony and child support provisions, he may make appropriate application therefor at [520]*520Special Term. Concur—Markewich, J. P., Lupiano, Silverman, Lane and Nunez, JJ.

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Order, Supreme Court, Bronx County, entered January 20, 1976, denying motion to vacate default judgment is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Reluctant as we are to permit matrimonial status to be adjudicated on default, there comes a point when such a default can no longer be excused. Here, after repeated delays and warnings and fixing of firm dates in advance, and after plaintiff, himself an attorney, had been sworn as a witness, plaintiff retained an attorney who was otherwise engaged and when the court refused to grant a further adjournment plaintiff, his new attorney, and the representative of his old attorney walked out of the courtroom. We note that the judgment makes no provision with respect to visitation. If plaintiff wants any relief as to that, or a modification of the alimony and child support provisions, he may make appropriate application therefor at [520]*520Special Term. Concur—Markewich, J. P., Lupiano, Silverman, Lane and Nunez, JJ.

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Bluebook (online)

55 A.D.2d 519, 388 N.Y.S.2d 619, 1976 N.Y. App. Div. LEXIS 15155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abramson-v-abramson-nyappdiv-1976.

Opinion

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