AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JOAN ARVANETES, Respondent, v. JOHN ARVANETES, Appellant.

It is true that courts have adopted a more liberal attitude in vacating default judgments in matrimonial actions (see, e.g., Wayasamin v. Wayasamin, 167 A.D.2d 460; O'Brien v. O'Brien, 149 A.D.2d 830). Nevertheless, the party seeking vacatur must still show both a reasonable excuse for the default and a meritorious defense (see, Schrader v. Schrader, 152 A.D.2d 987). In our view, defendant offered no reasonable excuse for his default in this action. The record reveals that upon being served with the motion, defendant consulted two attorneys prior to the motion's return date. Plaintiff's attorney informed both attorneys that plaintiff would not accept defendant's settlement offer. At no time did defense counsel make any applications or submit any opposition to plaintiff's motion. There is no evidence to support defendant's claims of fraud or deception (see, Lins v. Lins, 98 A.D.2d 608). Defendant also failed to demonstrate the existence of a meritorious defense. We would also note that, under the circumstances of this case, there is no reason to vacate the financial provisions of the default judgment (see, Walczak v Walczak, 177 A.D.2d 1045; Ryan v. Ryan, 177 A.D.2d 895). Accordingly, the denial of defendant's motion to vacate should be affirmed.

Weiss, P.J., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the order is affirmed, with costs.

Use AI to get other relevant cases.

Comments

ARVANETES v. ARVANETES
(Mar 11, 1993)