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NEW YORK AND PRES. HOS. v. TRAVELERS PROP
Appellate Division of the Supreme Court of New York, Second Department.
Mar 28, 2006
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Ordered that the order is affirmed, with costs.
To vacate its default, the defendant was required to demonstrate both a reasonable excuse for the default and a meritorious defense ( see CPLR 5015 [a] [1]; Hospital for Joint Diseases v. Dollar Rent A Car, 25 AD3d 534; Hospital for Joint Diseases v. ELRAC, Inc., 11 AD3d 432). The defendant made that showing. Accordingly, the Supreme Court providently exercised its discretion in granting the defendant's motion to vacate the judgment entered upon its failure to appear or answer the complaint, and for leave to interpose a late answer.
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