SILBERMAN v. SILBERMAN


216 A.D.2d 41 (1995)

627 N.Y.S.2d 392

Dorothy Silberman, Respondent, v. Herbert Silberman, Appellant

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

June 8, 1995


The IAS Court properly exercised its discretion first in refusing defendant's attorney's request for an adjournment of the compliance hearing and then in denying defendant's motion to vacate the judgment on the ground of excusable default. While the judgment issued following a hearing at which defendant was unable to appear, the record confirms that he was represented by counsel throughout, and that the judgment, therefore, was not entered upon a default.

The award...

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