Hegarty v. Hegarty
This text of 48 A.D.2d 891 (Hegarty v. Hegarty) 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.
Opinion
In an action for divorce, defendant appeals from an order of the Supreme [892]*892Court, Queens County, dated April 9, 1975, which denied her motion to vacate an inquest which was taken upon her default in appearing for trial. The inquest resulted in the entry of a judgment on May 5, 1975. Order reversed, without costs, motion granted and judgment vacated. As we have previously stated, our policy with respect to vacating defaults in matrimonial actions is a liberal one (Kerr v Kerr, 6 AD2d 807). The circumstances which gave rise to the default in this case justify our reversal and granting of appellant’s motion to open her default. Rabin, Acting P. J., Latham, Cohalan, Christ and Brennan, JJ., concur.
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Cite This Page — Counsel Stack
48 A.D.2d 891, 369 N.Y.S.2d 499, 1975 N.Y. App. Div. LEXIS 10153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hegarty-v-hegarty-nyappdiv-1975.