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Baumer v. Baumer

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 495 (N.Y. App. Div. 2000)

Opinion

Argued November 29, 1999

January 24, 2000

In a matrimonial action in which the parties were divorced by a judgment entered June 21, 1993, upon the default of the defendant former husband in appearing and answering, the plaintiff former wife appeals from an order of the Supreme Court, Queens County (Flug, J.), dated June 15, 1999, which granted the defendant's motion to vacate the judgment.

Ira Bierman, Great Neck, N.Y., for appellant.

Jacoby Meyers, LLP, Rego Park, N.Y. (Charles Zolot of counsel), for respondent.

GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

Under the circumstances, the Supreme Court improvidently exercised its discretion in vacating the default judgment. Although the courts have adopted a liberal policy with respect to vacating defaults in matrimonial actions, the defaulting party is still required to show a reasonable excuse for the default and a meritorious defense (see, Adams v. Adams, 255 A.D.2d 535 ; Kogan v. Kogan, 253 A.D.2d 739 ; Booska v. Booska, 246 A.D.2d 567 ). Here, the defendant has not met that burden. Further, the defendant delayed almost six years before making this application (see, CPLR 5015[a][1]; Koch v. Koch, 198 A.D.2d 701 ; Anderson v. Anderson, 144 A.D.2d 512 ; Black v. Black, 141 A.D.2d 689 ).

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.


Summaries of

Baumer v. Baumer

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 495 (N.Y. App. Div. 2000)
Case details for

Baumer v. Baumer

Case Details

Full title:JOANNE BAUMER, appellant, v. ROBERT BAUMER, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 24, 2000

Citations

268 A.D.2d 495 (N.Y. App. Div. 2000)
702 N.Y.S.2d 346

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