Baruch v. Baruch
Opinion of the Court
—In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), dated October 27, 1994, which denied his motion, inter alia, to vacate his default in appearing for trial.
Ordered that the order is affirmed, with costs.
Although this Court has adopted a liberal policy of vacating defaults in matrimonial actions, the opening of a default remains discretionary (see, Bicknell v Bicknell, 214 AD2d 598; Sayagh v Sayagh, 205 AD2d 678), and "it is still incumbent upon the moving party to show a reasonable excuse for the default (i.e., that it was neither intentional nor willful)” (Kellerman v Kellerman, 203 AD2d 533, 534; Arvanetes v Arvanetes,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.