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Hartz v. Hartz

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1983
96 A.D.2d 829 (N.Y. App. Div. 1983)

Opinion

August 1, 1983


In a matrimonial action, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated August 19, 1982, which denied his renewed motion to vacate his default in appearing for trial, to vacate the inquest held thereon and to restore the case to the Trial Calendar, without prejudice to renewal of the motion upon a showing of compliance with two decretal paragraphs of a judgment of the same court dated June 16, 1982. Order reversed, without costs or disbursements, motion granted and judgment dated June 16, 1982 vacated. Under the facts of this case, the default should have been vacated (see, generally, Antonovich v Antonovich, 84 A.D.2d 799). Gibbons, J.P., Thompson, Gulotta and Boyers, JJ., concur.


Summaries of

Hartz v. Hartz

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1983
96 A.D.2d 829 (N.Y. App. Div. 1983)
Case details for

Hartz v. Hartz

Case Details

Full title:CHARLOTTE HARTZ, Respondent, v. JACOB S. HARTZ, Appellant

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

Date published: Aug 1, 1983

Citations

96 A.D.2d 829 (N.Y. App. Div. 1983)