Babbo v. Babbo

Full title: THERESA BABBO, Respondent, v. GAETANO BABBO, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1993

191 A.D.2d 606 (N.Y. App. Div. 1993)

595 N.Y.S.2d 328

Opinion

March 22, 1993

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to vacate the judgment of divorce entered upon his default in answering. The defendant neither proffered a legally acceptable excuse for his default nor demonstrated any meritorious defenses to the plaintiff's claims (see, Wayasamin v. Wayasamin, 167 A.D.2d 460). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.