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KLEIN v. KLEIN

239 A.D.2d 563 (1997)

657 N.Y.S.2d 765

Pauline Klein, Appellant, v. Saul I. Klein, Respondent

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

May 27, 1997

Ordered that the order is reversed, on the law, with costs, and the former husband's motion to vacate the default judgment is denied.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see, Putney v Pearlman, 203 A.D.2d 333). The defendant's proferred excuse that he was never served with notice of the default judgment until after entry...

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