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Formichella v. Formichella

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 481 (N.Y. App. Div. 1987)

Opinion

November 23, 1987

Appeal from the Supreme Court, Kings County (Imperato, J.H.O.).


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Crimson's Rest., 108 A.D.2d 903; Murphy v. Hall, 24 A.D.2d 892; Miller v. Hainzl, 5 A.D.2d 764, mot to dismiss appeal withdrawn 8 N.Y.2d 912).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.


Summaries of

Formichella v. Formichella

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 481 (N.Y. App. Div. 1987)
Case details for

Formichella v. Formichella

Case Details

Full title:MARIE FORMICHELLA, Respondent, v. ALEXANDER FORMICHELLA, Appellant

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

Date published: Nov 23, 1987

Citations

134 A.D.2d 481 (N.Y. App. Div. 1987)

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