ITO v. ITO

2009-00107.

73 A.D.3d 983 (2010)

900 N.Y.S.2d 665

FABIOLA ITO, Appellant, v. VINICIUS ITO, Respondent.

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

Decided May 18, 2010.


Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, the plaintiff's motion to vacate her default is granted, and the order dated October 15, 2008, is modified accordingly.

Although a party seeking to vacate a default must establish both a reasonable excuse for the default and a meritorious cause of action or defense, "this Court has adopted a liberal policy with respect to vacating defaults in matrimonial matters because...

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