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Schrader v. Schrader

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 987 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Oneida County, O'Donnell, J.

Present — Callahan, J.P., Doerr, Boomer, Green and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court, Oneida County, for further proceedings, in accordance with the following memorandum: The court erred in denying defendant's motion to vacate the default judgment of divorce. Our courts have embraced a liberal policy with respect to vacating default judgments in matrimonial actions (see, Black v Black, 141 A.D.2d 689; Sasson v Sasson, 134 A.D.2d 491; Antonovich v Antonovich, 84 A.D.2d 799), although it is still incumbent upon the moving defendant to show a reasonable excuse for the default and the existence of a meritorious defense (see, Mason v Mason, 69 A.D.2d 942, lv dismissed 47 N.Y.2d 992). In our view, defendant met his dual burden and is entitled to his day in court.


Summaries of

Schrader v. Schrader

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 987 (N.Y. App. Div. 1989)
Case details for

Schrader v. Schrader

Case Details

Full title:KAREN M. SCHRADER, Respondent, v. ROBERT K. SCHRADER, JR., Appellant

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 987 (N.Y. App. Div. 1989)

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