SMOLINSKI v. SMOLINSKI


13 A.D.3d 1188 (2004)

786 N.Y.S.2d 881

THOMAS J. SMOLINSKI, Respondent, v. MATTHEW A. SMOLINSKI, Appellant, et al., Defendant.

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

December 30, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court properly exercised its discretion in granting plaintiff's motion for a default judgment pursuant to CPLR 3215 (a) with respect to Matthew A. Smolinski (defendant). "A defendant who has failed to appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action...

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