Supreme Court of New York for King’s County
64 N.Y.S.2d 487 (N.Y. Sup. Ct. 1946)
Mr. Fuchs (plaintiff) and Mrs. Fuchs (defendant) were married. Mr. Fuchs filed a petition for fault-based divorce. Mrs. Fuchs denied all of the allegations in Mr. Fuchs’s petition. Mrs. Fuchs also alleged during the proceeding that Mr. Fuchs had committed adultery. The proceeding was discontinued and Mr. Fuchs subsequently filed a new petition for divorce. Mr. Fuchs promised Mrs. Fuchs full custody of their child if Mrs. Fuchs did not contest the divorce petition. Mrs. Fuchs agreed and did not contest the petition. Accordingly, the trial court granted Mr. Fuchs’s petition on Mrs. Fuchs’s default. Mrs. Fuchs appealed, asking the court to vacate the trial court’s default judgment and reopen the proceeding because Mrs. Fuchs had defaulted intentionally.
Rule of Law
Holding and Reasoning (Daly, J.)
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