DE PASS v. DE PASS


42 A.D.3d 723 (2007)

839 N.Y.S.2d 609

DONALD DE PASS, Respondent, v. ANGELA DE PASS, Appellant.

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

Decided July 12, 2007.


Lahtinen, J.

Following 17 years of marriage and the birth of two children, the parties entered into a separation agreement in March 2004. Thereafter, plaintiff commenced this divorce action in April 2005 based on living apart under the agreement. Defendant failed to file a timely answer and, when plaintiff moved for a default judgment of divorce, defendant then submitted an opposing affidavit and a proposed answer asserting, among other things, that the part of the...

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