MATTER OF TAUBER v. TAUBER


152 A.D.2d 674 (1989)

In the Matter of Channa Tauber, Respondent, v. Elkan Tauber, Appellant

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

July 17, 1989


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Rockland County, for an evidentiary hearing on the husband's motion to vacate his default.

On the husband's default, permanent custody of the parties' six minor children was awarded to the wife. The husband's subsequent motion to vacate the order entered upon his default was denied without a hearing, despite his contention that his failure to appear...

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