MEMORANDUM BY THE COURT.
This is a matrimonial action. The default on the part of plaintiff was not willful. Accordingly, the court in the exercise of its discretion should have granted plaintiff's application to open her default and to restore the action to the Special Term calendar for trial (Price v. Price, 228 App. Div. 796 [2d Dept.]; Mott v. Mott, 134 App. Div. 569 [2d Dept.]).
Order reversed, with $10 costs and disbursements to the appellant...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
