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

MARIE FORMICHELLA, Respondent, v. ALEXANDER FORMICHELLA, Appellant.

Ordered that the judgment is affirmed, with costs.

Although the policy of this court is liberal with respect to vacatur of defaults in matrimonial actions (see, Ray v. Ray, 108 A.D.2d 905; Breen v. Breen, 99 A.D.2d 539; Levy v. Levy, 67 A.D.2d 998), where the default is willful, as here, it would constitute an improvident exercise of discretion to open the default (see, Perellie v. Crimson's Rest., 108 A.D.2d 903; Murphy v. Hall, 24 A.D.2d 892; Miller v. Hainzl, 5 A.D.2d 764, mot to dismiss appeal withdrawn 8 N.Y.2d 912). Thompson, J.P., Niehoff, Rubin and Sullivan, JJ., concur.

Use AI to get other relevant cases.

Comments

FORMICHELLA v. FORMICHELLA
(Nov 23, 1987)