Appellate Division of the Supreme Court of the State of New York February 3, 1989 (Sharpe v. Sharpe)

— Order unanimously reversed on the law without costs and defendant’s motion granted. Memorandum: Special Term erred in denying defendant’s motion to vacate a default judgment in an action to rescind a separation agreement incorporated but not merged in a preequitable distribution divorce decree. Defendant’s failure to appear for trial was excusable.