Monday, November 28, 2016
DIVORCE - VACATING A DEFAULT
This can arise in various situations in a matrimonial matter e.g. failure to file an answer or a motion. The policy of the courts has been recently set forth in FLORESTAL v. COLEMAN-FLORESTAL, 2016 NY Slip Op 5789 - NY: Appellate Div., 2nd Dept. 2016:
" "While a party attempting to vacate a default must establish both a reasonable excuse for the default and a potentially meritorious cause of action, defense, or opposition to a motion, this Court has adopted a liberal policy with respect to vacating defaults in matrimonial matters because the State's interest in the marital res and related issues favors dispositions on the merits" (Backhaus v Backhaus, 128 AD3d 872, 872-873; see Alam v Alam, 123 AD3d 1066, 1067)."