AVENOSO v. AVENOSO


266 A.D.2d 326 (1999)

698 N.Y.S.2d 301

PENNY AVENOSO, Respondent, v. JAMES AVENOSO, Appellant.

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

Decided November 15, 1999.


Ordered that the judgment is reversed, on the law, with costs, the defendant's motion to vacate his default is granted, the order dated August 24, 1998, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

The defendant moved to vacate his default in appearing in the action on the ground that, after he had been served with the summons and complaint, he and the plaintiff resided together for nearly two years, attempting...

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