Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

ESTATE OF John G. ALLEN, Plaintiff-Respondent, v. Audra ALLEN, Defendant-Appellant.

Decided: February 25, 1999

SULLIVAN, J.P., NARDELLI, WALLACH and TOM, JJ. Sharon Stein, for Plaintiff-Respondent. Jonathon D. Warner, for Defendant-Appellant.

Order, Supreme Court, New York County (Joan Lobis, J.), entered September 16, 1997, which, to the extent appealed from, denied defendant's motion pursuant to CPLR 5015(a)(1) to vacate her default and, upon such vacatur, to set aside the judgment of divorce entered following an inquest, unanimously affirmed, without costs.

 Despite the liberal policy with respect to the vacatur of default judgments in matrimonial actions (see, Conner v. Conner, 240 A.D.2d 614, 659 N.Y.S.2d 296;  Dunbar v. Dunbar, 233 A.D.2d 922, 649 N.Y.S.2d 753;  Louis v. Louis, 231 A.D.2d 612, 647 N.Y.S.2d 819;  Hansen v. Hansen, 229 A.D.2d 960, 645 N.Y.S.2d 246), it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense (see, Conner v. Conner, supra, at 615, 659 N.Y.S.2d 296;  Dunbar v. Dunbar, supra;  Louis v. Louis, supra ), and, as the IAS court found, none of defendant's proffered excuses for her default was reasonable.   We note, in addition, that defendant also failed to make the requisite showing of a meritorious defense.

We have considered defendant's remaining arguments and find them unavailing.


Copied to clipboard