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Sayagh v. Sayagh

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 678 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

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


Ordered that the order is affirmed, without costs or disbursements.

"Although this court has adopted a liberal policy with respect to vacating default judgments in matrimonial actions (see, D'Alleva v. D'Alleva, 127 A.D.2d 732; Antonovich v. Antonovich, 84 A.D.2d 799; Hegarty v. Hegarty, 48 A.D.2d 891), the opening of a default is discretionary" (Black v. Black, 141 A.D.2d 689).

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the husband's motion to vacate the default judgment (see, Candeloro v Candeloro, 133 A.D.2d 731). The husband failed to establish a meritorious defense to the claim of constructive abandonment upon which the divorce was granted, and to present a reasonable excuse for his failure to answer the summons within 20 days of being served (see, Black v. Black, 141 A.D.2d 689, supra). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.


Summaries of

Sayagh v. Sayagh

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 678 (N.Y. App. Div. 1994)
Case details for

Sayagh v. Sayagh

Case Details

Full title:ANNA SAYAGH, Respondent, v. ELIE SAYAGH, Appellant

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

Date published: Jun 20, 1994

Citations

205 A.D.2d 678 (N.Y. App. Div. 1994)
614 N.Y.S.2d 312

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