DIAZ v. DIAZ

2008-11105.

71 A.D.3d 947 (2010)

896 N.Y.S.2d 891

TINA MARIE DIAZ, Respondent, v. NICOLA A. DIAZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 23, 2010.


Ordered that the order is affirmed, without costs or disbursements.

Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it was still incumbent upon the defendant to demonstrate a reasonable excuse for his default in opposing the plaintiff's motion, inter alia, for an upward modification of child support, and the existence of a meritorious defense to that motion (see...

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