EIBERT v. EIBERT


306 A.D.2d 603 (2003)

759 N.Y.S.2d 711

RONALD J. EIBERT, Respondent, v. KATHY E. EIBERT, Appellant.

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

Decided June 5, 2003.


Carpinello, J.

In the midst of the trial in this divorce action, defendant intentionally absented herself from the courtroom when it became apparent that she was not going to succeed in her efforts to obtain physical custody of the parties' two children. As a consequence, she did not contest any issue before Supreme Court, including equitable distribution of the parties' assets. Thereafter, Supreme Court granted plaintiff a judgment of divorce on the grounds outlined...

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