Opinion · Appellate Division of the Supreme Court of the State of New York

Hewlett v. Hewlett

Hewlett v. Hewlett, 63 A.D.2d 977 (Appellate Division of the Supreme Court of the State of New York 1978)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1978-06-12
Topic
general

—In an action for divorce, defendant appeals from an order of the Supreme Court, Nassau County, dated January 4, 1978, which denied his motion (1) to vacate and set aside his default in answering the complaint and (2) for leave to interpose an answer. Order reversed, without costs or disbursements, and motion granted. Defendant’s time to answer is extended until 20 days after entry of the order to be made hereon. In matrimonial actions the policy with respect to vacating defaults is a liberal one (Kerr v Kerr, 6 AD2d 807; Hegarty v Hegarty, 48 AD2d 891). Under the facts herein, the motion should have been granted.

Citator

UpLaw has not yet analyzed Hewlett v. Hewlett. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions

—In an action for divorce, defendant appeals from an order of the Supreme Court, Nassau County, dated January 4, 1978, which denied his motion (1) to vacate and set aside his default in answering the complaint and (2) for leave to interpose an answer. Order reversed, without costs or disbursements, and motion granted. Defendant’s time to answer is extended until 20 days after entry of the order to be made hereon. In matrimonial actions the policy with respect to vacating defaults is a liberal one (Kerr v Kerr, 6 AD2d 807; Hegarty v Hegarty, 48 AD2d 891). Under the facts herein, the motion should have been granted. Martuscello, J. P., Shapiro, Cohalan and Margett, JJ., concur.