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POLANCO v. SCOTT

Appellate Division of the Supreme Court of New York, First Department.
Jun 12, 2007

The court properly exercised its discretion in finding that plaintiff had set forth a meritorious cause of action and a reasonable excuse for failing to seek entry of a default judgment during settlement discussions, which were still ongoing just prior to defendant's moving to dismiss ( see Finkelstein v East 65th St. Laundromat, 215 AD2d 178).