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PEMBERTON v. FUCHS

57 A.D.3d 863 (2008)

869 N.Y.S.2d 347

DEBORAH FUCHS PEMBERTON, Respondent, v. DANIEL FUCHS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.

Ordered that the order dated October 25, 2007 is affirmed, with costs.

The defendant was properly served with the plaintiff's motion to hold him in contempt (see Corpuel v Galasso, 240 A.D.2d 531 [1997]; Rothkopf v Rothkopf, 191 A.D.2d 685 [1993]). On this motion to vacate his default in opposing that motion, he was required to demonstrate both a reasonable excuse for his default...

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