MARCUS v. MARCUS


4 A.D.3d 257 (2004)

772 N.Y.S.2d 660

LISA MARCUS, Respondent, v. BARRY MARCUS, Appellant, et al., Defendant.

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

February 24, 2004.


Defendant's motion to vacate his default was properly denied on the ground that there is no merit to his claim that he lacks the means to pay the temporary support order. That order, which was rendered by a Special Referee to determine temporary support after a full evidentiary hearing completed only a month before the contempt motion was made, and from which defendant did not appeal, purports to sustain the lifestyle that plaintiff enjoyed prior to the commencement of the...

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