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Fayet v. Fayet

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 658 (N.Y. App. Div. 1996)

Opinion

March 18, 1996

Appeal from the Supreme Court, Queens County (Smith, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Although as a general rule in matrimonial cases, the courts have adopted a liberal policy of vacating defaults, it is still incumbent upon the moving party to show a reasonable excuse for the default and the existence of a meritorious defense (see, Sayagh v Sayagh, 205 A.D.2d 678; Kellerman v Kellerman, 203 A.D.2d 533, 534). The trial court properly determined that the wife had failed to either establish a reasonable excuse for her default or show the existence of a meritorious defense. Accordingly, it was not an improvident exercise of discretion to deny the wife's motion.

The wife's remaining contention is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction. Mangano, P.J., Thompson, Friedmann, Florio and McGinity, JJ., concur.


Summaries of

Fayet v. Fayet

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 658 (N.Y. App. Div. 1996)
Case details for

Fayet v. Fayet

Case Details

Full title:JEAN G. FAYET, Respondent, v. JANINA Z.P. FAYET, Appellant

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

Date published: Mar 18, 1996

Citations

225 A.D.2d 658 (N.Y. App. Div. 1996)
639 N.Y.S.2d 929

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