October 24, 2017

Default judgments in matrimonial actions.

Practice point:  While there is a liberal policy with respect to vacating defaults in matrimonial actions, the defendant still must demonstrate a reasonable excuse for the default and the existence of a potentially meritorious defense, pursuant to CPLR 5015(a)(1).  The motion must be made within one year after service of a copy of the judgment or order with written notice of its entry.

Case:  Dankenbrink v. Dankenbrink, NY Slip Op 07237 (2d Dep't October 18, 2017)

Here is the decision.