From Casetext: Smarter Legal Research

Baecher v. Baecher

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 203 (N.Y. App. Div. 1993)

Opinion

November 1, 1993

Appeal from the Supreme Court, Westchester County (Ruskin, J.).


Ordered that the order is affirmed, with costs to the nonparty respondent-appellant.

Since the defendant failed to request that the court hold an evidentiary hearing on his motion to vacate, his claim on appeal that such a hearing should have been held is unpreserved for appellate review (see, Matter of Aetna Cas. Sur. Co. v Scirica, 170 A.D.2d 448; Bile v Bile, 95 A.D.2d 719; Brent-Grand v Megavolt Corp., 97 A.D.2d 783). In any event, we find that no evidentiary hearing was warranted, since the order dated January 11, 1991, which the defendant moved to vacate, merely updated and amended a prior 1982 judgment entered against him for attorneys' fees to include interest and taxable costs. The defendant's contention that Doris Sassower is not entitled to interest on the 1982 judgment is meritless (see, CPLR 5003).

Although the defendant's claims before the Supreme Court were without merit, that court did not err in declining to impose sanctions under the circumstances of this case. Thompson, J.P., Sullivan, Ritter and Joy, JJ., concur.


Summaries of

Baecher v. Baecher

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 203 (N.Y. App. Div. 1993)
Case details for

Baecher v. Baecher

Case Details

Full title:ELIZABETH R. BAECHER, Plaintiff, v. JOHN J. BAECHER, JR.…

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

Date published: Nov 1, 1993

Citations

198 A.D.2d 203 (N.Y. App. Div. 1993)
604 N.Y.S.2d 787

Citing Cases

Cacio v. Cacio

In view of the facts and circumstances of this case, including the financial situation of the parties, the…