Junowicz v. Junowicz

Appellate Division of the Supreme Court of New York

Junowicz v. Junowicz

132 A.D.2d 527, 517 N.Y.S.2d 424, 1987 N.Y. App. Div. LEXIS 49055

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

DecidedJuly 6, 1987

StatusPublished

Cited by5 cases

This text of 132 A.D.2d 527 (Junowicz v. Junowicz) 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

Junowicz v. Junowicz, 132 A.D.2d 527, 517 N.Y.S.2d 424, 1987 N.Y. App. Div. LEXIS 49055 (N.Y. Ct. App. 1987).

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Opinion

In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Queens County (Corrado, J.), dated September 5, 1986, which granted the defendant wife’s motion to vacate a default judgment of divorce entered against her.

Ordered that the order is affirmed, with costs.

In light of the liberal policy with regard to vacating default judgments in matrimonial actions (Lucas v Lucas, 109 AD2d 781; Antonovich v Antonovich, 84 AD2d 799), we find that the defendant wife provided a reasonable excuse and an adequate showing of a meritorious defense (see, CPLR 5015 [a] [1]; Shaw v Shaw, 97 AD2d 403; see also, Olivetti Leasing Corp. v Mar-Mac Precision Corp., 117 Misc 2d 865). Under the circumstances of this case, the Supreme Court did not abuse its discretion in vacating the default judgment entered against her. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Queens County (Corrado, J.), dated September 5, 1986, which granted the defendant wife’s motion to vacate a default judgment of divorce entered against her.

Ordered that the order is affirmed, with costs.

In light of the liberal policy with regard to vacating default judgments in matrimonial actions (Lucas v Lucas, 109 AD2d 781; Antonovich v Antonovich, 84 AD2d 799), we find that the defendant wife provided a reasonable excuse and an adequate showing of a meritorious defense (see, CPLR 5015 [a] [1]; Shaw v Shaw, 97 AD2d 403; see also, Olivetti Leasing Corp. v Mar-Mac Precision Corp., 117 Misc 2d 865). Under the circumstances of this case, the Supreme Court did not abuse its discretion in vacating the default judgment entered against her. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

132 A.D.2d 527, 517 N.Y.S.2d 424, 1987 N.Y. App. Div. LEXIS 49055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/junowicz-v-junowicz-nyappdiv-1987.

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