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ANNIBAFFA v. ANNIBAFFA

34 A.D.3d 345 (2006)

826 N.Y.S.2d 189

EUGENIE ANNIBAFFA, Appellant, v. HUBERT ANNIBAFFA, Respondent.

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

Decided November 21, 2006.

Defendant's motion for reargument was properly granted, even though untimely (Liss v Trans Auto Sys., 68 N.Y.2d 15, 20 [1986]), because the court had overlooked facts offered on his prior motion to vacate the default judgment of divorce, specifically, his lack of notice of the equitable distribution hearing. This was not a frivolous motion warranting sanctions. Nonetheless, the case should be remanded because the Referee failed to...

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