Opinion
2002-07881.
Submitted October 22, 2003.
November 24, 2003.
In an action to declare a marriage null and void, the plaintiff appeals from an order of the Supreme Court, Westchester County (Shapiro, J.), entered July 9, 2002, which granted the defendant's motion to vacate so much of a judgment of the same court (Montagnino, R.), dated April 16, 2001, as, upon the defendant's failure to appear at an inquest, distributed the parties' property.
Regina F. Kelly, White Plains, N.Y., for appellant.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
As a general rule in matrimonial cases, the courts have adopted a liberal policy in vacating defaults if the moving party shows a reasonable excuse for the default and the existence of a meritorious defense ( see Connor v. Connor, 240 A.D.2d 614; Baruch v. Baruch, 224 A.D.2d 649). Here, the Supreme Court properly determined that the defendant met his burden.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.