From Casetext: Smarter Legal Research

Brosius v. Brosius

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 174 (N.Y. App. Div. 1999)

Opinion

Submitted September 22, 1999

November 1, 1999

Martin K. Lang, P.C., Garden City, N.Y., for appellant.

Pearlman Apat Futterman, LLP, Kew Gardens, N.Y. (Martin M. Seinfeld of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 1, 1998, which denied his motion to vacate an amended judgment of the same court, dated December 21, 1994, entered upon his default in appearing at a hearing and following an inquest, inter alia, for arrears of child support.

ORDERED that the order is affirmed, with costs.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see, Roussodimou v. Zafiriadis, 238 A.D.2d 568 ; Putney v. Pearlman, 203 A.D.2d 333 ). The defendant failed to satisfy that standard in this case.

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., concur.


Summaries of

Brosius v. Brosius

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 174 (N.Y. App. Div. 1999)
Case details for

Brosius v. Brosius

Case Details

Full title:DONNA BROSIUS, respondent, v. ROBERT BROSIUS, appellant

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 174 (N.Y. App. Div. 1999)
697 N.Y.S.2d 321

Citing Cases

In the Matter of Haber v. Haber

Moreover, the father failed to submit an affidavit denying service with his motion, in effect, to vacate the…

In the Matter of Butterworth v. Sperber

ORDERED that the order dated August 11, 2003, is reversed, on the law and as a matter of discretion, with…