78 A.D.3d 558 911 N.Y.S.2d 350

Austen Ugweches, Appellant, v Tatjana Nehhozina Ugweches, Respondent.

[911 NYS2d 350]

Order, Supreme Court, New York County (Laura E. Drager, J.), entered January 21, 2010, which denied plaintiffs motion to *559vacate or modify a judgment of divorce entered following his default, unanimously affirmed, without costs.

While a liberal approach toward vacating defaults in matrimonial proceedings is warranted because of the important public policy of determining those actions on their merits, “it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense” (Estate of Allen v Allen, 258 AD2d 423 [1999]; see also Gass v Gass, 42 AD3d 393, 396 [2007]). Plaintiffs explanation for his decision to flee the country after being convicted of a felony, which resulted in his defaulting in the instant action, is not reasonable. Nor did he present a meritorious defense to defendant’s counterclaim for divorce, or evidence otherwise warranting modification of the judgment. Accordingly, his motion was properly denied. Concur — Gonzalez, P.J., Tom, Sweeny, Richter and ManzanetDaniels, JJ.

Ugweches v. Ugweches
78 A.D.3d 558 911 N.Y.S.2d 350

Case Details

Name
Ugweches v. Ugweches
Decision Date
Nov 23, 2010
Citations

78 A.D.3d 558

911 N.Y.S.2d 350

Jurisdiction
New York

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