MATTER OF NATALYA M. v. CHANAN M.

8799, 8798.

170 A.D.3d 587 (2019)

97 N.Y.S.3d 36

2019 NY Slip Op 02284

In the Matter of Natalya M., Respondent, v. Chanan M., Appellant. Natalya M., Respondent, v. Chanan M., Appellant.

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

Decided March 26, 2019.


A party seeking to vacate a default order must demonstrate both a reasonable excuse and a meritorious defense (CPLR 5015 [a] [1]; Matter of Bendeck v Zablah, 105 A.D.3d 457 [1st Dept 2013]). Although this Court favors the determination of actions on their merits, in this case, the Family Court providently exercised its discretion in denying the father's motion to vacate his default (see Matter of Fisherman v Zdeg, ...

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