Practice point: The Appellate Division determined that the motion court improvidently exercised its discretion in denying defendant's motion to vacate his default in appearing at an inquest and, in
effect, to restore the action to the trial calendar, pursuant to CPLR 5015(a)(1). Although a party
seeking to vacate a default must establish a reasonable excuse for the
default and a potentially meritorious cause of action or defense, New York courts have adopted a liberal policy toward vacating
defaults in matrimonial actions.
Student note: In matrimonial actions, New York's interest in the
marital res and allied issues, such as child support and custody, favors dispositions on the merits.
Case: Anekwe v. Okoroafor, NY Slip Op 07114 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Employer's liability for an alleged assault by a security guard.
