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NIMKOFF v. NIMKOFF

350768/02 - 12782N, 12781N, 12780

120 A.D.3d 1099 (2014)

992 N.Y.S.2d 400

2014 NY Slip Op 06244

NANCY WALDBAUM NIMKOFF, Respondent, v. RONALD A. NIMKOFF, Appellant.

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

Decided September 18, 2014.

Assuming, without determining, that defendant had a reasonable excuse for his default in appearing at the hearing on equitable distribution and child support, vacatur of the default is nonetheless unwarranted because defendant failed to adduce sufficient evidence to demonstrate a meritorious claim (see Atwater v Mace, 39 A.D.3d 573, 574 [2d Dept 2007]).

The court also correctly determined that the filing of the parties' 2001...

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