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GARY J. ZIMET, Respondent, v. ROSEMARY BUFANO, Appellant, et al., Defendant.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to vacate the judgment is granted.

In order to prevail on a motion to vacate a judgment entered upon default, a defendant is required to demonstrate both a reasonable excuse for its default and a meritorious defense ( see Fekete v Camp Skwere, 16 AD3d 544, 545; Amato v Fast Repair, Inc., 15 AD3d 429; Costanza v Gold, 12 AD3d 551, 552; Czarnik v Urban, 10 AD3d 627). In this case, the defendant provided a reasonable excuse for her default. In addition, the defendant demonstrated the existence of a potentially meritorious defense, including whether the claims made by the plaintiff in this case had been settled by the parties in 2001 during prior litigation.

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ZIMET v. ROSEMARY BUFANO
(Sep 8, 2009)