AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ERIK FALTINGS, Respondent, v. MARY FALTINGS, Appellant.

Ordered that the order is affirmed, with costs.

Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court's discretion whether to vacate a default ( see Passas v Passas, 18 AD3d 842; Viner v Viner, 291 AD2d 398; Black v Black, 141 AD2d 689). Here, the defendant failed to establish a reasonable excuse for her default and a meritorious defense to the action ( see CPLR 5015; Lutz v Goldstone, 31 AD3d 449; Dinstber v Fludd, 2 AD3d 670). Accordingly, the court providently exercised its discretion in denying the wife's motion to vacate the judgment entered upon her default for failing to answer or appear ( see Passas v Passas, supra; Viner v Viner, supra; Black v Black, supra).

Use AI to get other relevant cases.

Comments

FALTINGS v. FALTINGS
(Dec 5, 2006)