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KOLODNY v. KOLODNY
Appellate Division of the Supreme Court of New York, Second Department.
Aug 20, 2001
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ORDERED that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.
The Supreme Court erred in denying the defendant's motion to vacate his default in answering. Given the State's liberal policy toward preventing defaults in matrimonial actions, the reasonable excuse proffered for the defendant's delay in answering, the demonstration of a meritorious defense, and the lack of prejudice to the plaintiff, the defendant should have been granted an extension of time to serve an answer (see, CPLR 3012[d]; Adams v. Adams, 255 A.D.2d 535; Kremer v. Kremer, 150 A.D.2d 759).
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