Order unanimously reversed on the law without costs and defendant's motion granted.
Memorandum:
Special Term erred in denying defendant's motion to vacate a default judgment in an action to rescind a separation agreement incorporated but not merged in a preequitable distribution divorce decree. Defendant's failure to appear for trial was excusable. Moreover, it is apparent from the motion papers that there is merit to defendant's defense to plaintiff's request...
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.