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Estate of Allen v. Allen

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 423 (N.Y. App. Div. 1999)

Opinion

February 25, 1999

Appeal from the Supreme Court, New York County (Joan Lobis, J.).


Despite the liberal policy with respect to the vacatur of default judgments in matrimonial actions ( see, Conner v. Conner, 240 A.D.2d 614; Dunbar v. Dunbar, 233 A.D.2d 922; Louis v. Louis, 231 A.D.2d 612; Hansen v. Hansen, 229 A.D.2d 960), it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense ( see, Conner v. Conner, supra, at 615; Dunbar v. Dunbar, supra; Louis v. Louis, supra), and, as the IAS Court found, none of defendant's proffered excuses for her default was reasonable. We note, in addition, that defendant also failed to make the requisite showing of a meritorious defense.

We have considered defendant's remaining arguments and find them unavailing.

Motion seeking leave to strike appellant's reply brief and cross motion seeking leave to strike respondent's brief denied.

Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.


Summaries of

Estate of Allen v. Allen

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 423 (N.Y. App. Div. 1999)
Case details for

Estate of Allen v. Allen

Case Details

Full title:ESTATE OF JOHN G. ALLEN, Deceased, Respondent, v. AUDRA ALLEN, Appellant

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

Date published: Feb 25, 1999

Citations

258 A.D.2d 423 (N.Y. App. Div. 1999)
685 N.Y.S.2d 732

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