Burger v. Burger

Appellate Division of the Supreme Court of New York

Burger v. Burger

182 A.D.2d 667, 585 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 6029

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

DecidedApril 13, 1992

StatusPublished

Cited by1 cases

This text of 182 A.D.2d 667 (Burger v. Burger) 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

Burger v. Burger, 182 A.D.2d 667, 585 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 6029 (N.Y. Ct. App. 1992).

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Opinion

In an action for divorce which was granted upon the defendant’s default in answering, the defendant appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated June 11, 1990, which denied his application to vacate the default.

Ordered that the order is affirmed, with costs.

A defendant seeking to have his default vacated must show an acceptable reason for the default and a meritorious defense to the action (Black v Black, 141 AD2d 689; Kraus Bros, v Hoffman & Co., 99 AD2d 401; Lins v Lins, 98 AD2d 608). The defendant at bar failed to demonstrate either. Thompson, J. P., Harwood, Balletta and Copertino, JJ., concur.

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In an action for divorce which was granted upon the defendant’s default in answering, the defendant appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated June 11, 1990, which denied his application to vacate the default.

Ordered that the order is affirmed, with costs.

A defendant seeking to have his default vacated must show an acceptable reason for the default and a meritorious defense to the action (Black v Black, 141 AD2d 689; Kraus Bros, v Hoffman & Co., 99 AD2d 401; Lins v Lins, 98 AD2d 608). The defendant at bar failed to demonstrate either. Thompson, J. P., Harwood, Balletta and Copertino, JJ., concur.

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Bluebook (online)

182 A.D.2d 667, 585 N.Y.S.2d 703, 1992 N.Y. App. Div. LEXIS 6029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-v-burger-nyappdiv-1992.

Opinion

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