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RAJN CORP. v. LS CONSTRUCTION COMPANY, INC
Appellate Division of the Supreme Court of New York, First Department.
Jun 7, 2005
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Defendants have not offered a reasonable excuse for their failure to oppose plaintiff's motion, pursuant to CPLR 3126, to strike their answer ( see Grieco v. Walker, 8 AD3d 66). Nor have they attempted to explain their failure and refusal to respond to court-ordered discovery, or their failure to appear at the inquest. In the absence of a reasonable excuse, denial of the motion to vacate the default judgment was a provident exercise of discretion ( Silverman Weinraub v. Gillon, 1 AD3d 142).
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