LaMarco v LaMarco

Holding The Appellate Division affirmed the denial of the defendant’s motion to vacate the judgment of divorce because the motion was untimely and the defendant failed to demonstrate a reasonable excuse for the delay. The court also affirmed the denial of the motion to stay enforcement of money judgments and the award of attorney’s fees to the plaintiff.

The court’s words

A motion to vacate a judgment pursuant to CPLR 5015(a)(1) on the ground of excusable default must be made within one year after service upon the moving party of a copy of the judgment, with notice of its entry

2026 NY Slip Op 05388, at the official text

Although the courts have adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still incumbent upon a defendant seeking to vacate a default judgment pursuant to CPLR 5015(a)(1) to demonstrate a reasonable excuse for his or her default and the existence of a potentially meritorious defense

2026 NY Slip Op 05388, at the official text

The decision to award an attorney's fee in a matrimonial action lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad as that of the trial court

2026 NY Slip Op 05388, at the official text

In exercising that discretion, the court must consider the financial circumstances of the parties and the circumstances of the case as a whole, including the relative merits of the parties' positions and whether either party has delayed the proceedings or engaged in unnecessary litigation

2026 NY Slip Op 05388, at the official text