Ridley v. Ridley

Appellate Division of the Supreme Court of New York

Ridley v. Ridley

2 A.D.3d 159, 767 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 12928

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

DecidedDecember 4, 2003

StatusPublished

This text of 2 A.D.3d 159 (Ridley v. Ridley) 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

Ridley v. Ridley, 2 A.D.3d 159, 767 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 12928 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Jacqueline Silbermann, J), entered June 13, 2003, which denied defendant’s motion to vacate a default judgment for divorce, directing equitable distribution of the marital estate, unanimously affirmed, without costs.

Defendant failed to make the requisite showing of a reasonable excuse for her default and a meritorious defense (Estate of Allen v Allen, 258 AD2d 423 [1999]). The unsworn letter submitted from a clinic where defendant sought treatment several months after her default was not in admissible form, and failed to establish that the default was based on illness. Even if the letter were admissible and established an excuse for the default, defendant has still failed to establish a meritorious defense. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Order, Supreme Court, New York County (Jacqueline Silbermann, J), entered June 13, 2003, which denied defendant’s motion to vacate a default judgment for divorce, directing equitable distribution of the marital estate, unanimously affirmed, without costs.

Defendant failed to make the requisite showing of a reasonable excuse for her default and a meritorious defense (Estate of Allen v Allen, 258 AD2d 423 [1999]). The unsworn letter submitted from a clinic where defendant sought treatment several months after her default was not in admissible form, and failed to establish that the default was based on illness. Even if the letter were admissible and established an excuse for the default, defendant has still failed to establish a meritorious defense. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Bluebook (online)

2 A.D.3d 159, 767 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 12928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridley-v-ridley-nyappdiv-2003.

Opinion

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