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RASO v. RASO
Appellate Division of the Supreme Court of New York, Second Department.
Nov 19, 2001
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ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion to vacate the divorce judgment which was entered upon his default is appearing at trial. "Although the courts have adopted a liberal policy with respect to vacating defaults in matrimonial actions, the defaulting party is still required to show a reasonable excuse for the default and a meritorious defense" (Baumer v. Baumer, 268 A.D.2d 495, 496). Here, the defendant did not meet that burden (see, Molesky v. Molesky, 255 A.D.2d 821; Matter of Male J., 214 A.D.2d 417).
O'BRIEN, J.P., ALTMAN, GOLDSTEIN and H. MILLER, JJ., concur.
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