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SCHEEL v. AL-RAWI

222 A.D.2d 306 (1995)

635 N.Y.S.2d 600

Elizabeth A. Scheel, Respondent, v. Salam A. Al-Rawi, Appellant

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

December 19, 1995

The IAS Court properly exercised its discretion in refusing to relieve defendant of his default on plaintiff's motion for pendente lite relief. Defendant was well aware of the return date of the motion, and after four appearances, and repeated requests for adjournments by defendant, he inexcusably failed to submit any opposition to the motion. Nor did defendant demonstrate a meritorious defense on his motion to vacate the default...

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