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LOEWENSTEIN v. LOEWENSTEIN

201 A.D.2d 286 (1994)

607 N.Y.S.2d 279

Nick Loewenstein, Appellant, v. Bryna Loewenstein, Respondent

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

February 3, 1994

We agree with the IAS Court that plaintiff failed to substantiate his claim that his failure to appear at the inquest conducted on September 27, 1991 was due to threats he had received from a nonparty, and that his default was willful and should not be vacated (see, O'Donnell v O'Donnell, 172 A.D.2d 654). Since no appeal lies from a judgment entered upon the default of an aggrieved...

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