SZTABEREK v. SZTABEREK


206 A.D.2d 329 (1994)

615 N.Y.S.2d 20

Janusz Sztaberek, Respondent, v. Lucyna Sztaberek, Appellant

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

July 28, 1994


The motion court abused its discretion by imposing a monetary sanction as a condition of vacatur where the order of vacatur had already been signed by a different Judge. A default judgment of divorce was entered by the plaintiff-respondent husband on September 24, 1990. By order to show cause dated September 5, 1991, the defendant-appellant wife moved to vacate the default judgment. By order entered December 9, 1991, Justice Elliott Wilk granted the application to vacate...

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