¶1Order denying defendant’s motion to set aside his default in failing to appear on the trial of the action reversed on the law and the facts and motion granted, without costs. This is a matrimonial action involving the separation of the parties and the custody of their infant children. We are of opinion that, due to the nature of the action *622this case should be tried. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.
243 A.D. 621
Bregoff v. Bregoff
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1935
Appellate Division of the Supreme Court of the State of New York · decided 1935-01-15
Decided 1935-01-15