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MIRZA v. MIRZA
Appellate Division of the Supreme Court of New York, Second Department.
Mar 9, 1998
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the former wife's motion to vacate the judgment of divorce, which was entered upon her default (see, Baruch v. Baruch, 224 A.D.2d 649). The former wife failed to establish that her failure to appear for trial was anything but willful (see, Sayagh v. Sayagh, 205 A.D.2d 678; Formichella v. Formichella, 134 A.D.2d 481; see also, P K Marble v. Pearce, 168 A.D.2d 439).
Thompson, J. P., Sullivan, Florio and McGinity, JJ., concur.
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