Opinion
9711N Index 300341/14
06-25-2019
Anna CONDO, Plaintiff–Appellant, v. George CONDO, Defendant–Respondent.
Dentons U.S. LLP, New York (Anthony B. Ullman of counsel), for appellant. Blank Rome LLP, New York (Sheila Ginsberg Riesel of counsel), for respondent.
Dentons U.S. LLP, New York (Anthony B. Ullman of counsel), for appellant.
Blank Rome LLP, New York (Sheila Ginsberg Riesel of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Webber, Oing, JJ.
Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered October 23, 2018, which denied plaintiff's application to vacate a default, unanimously affirmed, without costs.
The Special Master presiding over these postjudgment matrimonial proceedings pursuant to a so-ordered stipulation between the parties providently exercised her discretion in declining to vacate plaintiff's default. Plaintiff failed to demonstrate a reasonable excuse for her failure to meet the stated deadline for submitting her "first round selections" of marital artwork for purposes of equitable distribution (see CPLR 5015[a] ; see generally Nimkoff v. Nimkoff, 120 A.D.3d 1099, 992 N.Y.S.2d 400 [1st Dept. 2014], lv dismissed 26 N.Y.3d 1023, 20 N.Y.S.3d 335, 41 N.E.3d 1150 [2015] ). Moreover, the fact that plaintiff waited nine months before making application to vacate the default "evinces an intentional default, which is not excusable" ( Dimopoulos v. Caposella, 118 A.D.3d 739, 741, 987 N.Y.S.2d 434 [2d Dept. 2014] ; see also John Wiley & Sons, Inc. v. Grossman, 132 A.D.3d 559, 560, 18 N.Y.S.3d 610 [1st Dept. 2015] ), particularly against the backdrop of this highly contentious litigation. We rejected plaintiff's remaining argument, that the court erred in so-ordering the Special Master's decision and order, in a prior appeal ( 172 A.D.3d 434, 100 N.Y.S.3d 6 [1st Dept. 2019] ).