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KATSNELSON v. ELRAC, INC

Appellate Division of the Supreme Court of New York, Second Department.
Apr 14, 2003
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

To vacate their default in opposing the defendants' motion to dismiss the complaint, plaintiffs had to demonstrate a reasonable excuse for their default and a meritorious cause of action (see Melo v. Pagano, 297 A.D.2d 717; see also Burns v. Casale, 276 A.D.2d 734). As the plaintiffs did neither, the Supreme Court properly denied their motion to vacate their default.

FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.