Appellate Division of the Supreme Court of New York, 1992

Burger v. Burger

Burger v. Burger
Appellate Division of the Supreme Court of New York · Decided April 13, 1992
182 A.D.2d 667; 585 N.Y.S.2d 703; 1992 N.Y. App. Div. LEXIS 6029
Burger v. Burger

Opinion of the Court

In an action for divorce which was granted upon the defendant’s default in answering, the defendant appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated June 11, 1990, which denied his application to vacate the default.

Ordered that the order is affirmed, with costs.

A defendant seeking to have his default vacated must show an acceptable reason for the default and a meritorious defense to the action (Black v Black, 141 AD2d 689; Kraus Bros, v Hoffman & Co., 99 AD2d 401; Lins v Lins, 98 AD2d 608). The defendant at bar failed to demonstrate either. Thompson, J. P., Harwood, Balletta and Copertino, JJ., concur.

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