QUAID v. QUAID


2 A.D.2d 768 (1956)

Alice C. Quaid, Respondent, v. George R. Quaid, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1956


Order reversed, without costs, and motion granted, without costs, with leave to appellant to serve an answer within 10 days after the entry of the order hereon.

Appellant claimed that the default in pleading occurred despite instructions to his attorney to defend the action. Even in cases of defaults which are not inadvertent, courts are reluctant to enforce defaults in pleading in matrimonial actions. (Vanderhorst v. Vanderhorst, 282 App. Div. 312.)

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