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BLF REALTY HOLDING CORP. v. CANO
Appellate Division of the Supreme Court of New York, First Department.
Nov 24, 1998
We agree with the IAS Court that defendant, in opposing plaintiff's motion for entry of the default judgments appealed from, failed to establish either a reasonable excuse for not answering the complaint or a meritorious defense. We note in addition that the court properly exercised its discretion when it required defendant to file an undertaking as a condition of vacatur (CPLR 5015 [a]; see, Rubin v. Payne, 103 A.D.2d 946, appeal dismissed 64 N.Y.2d 754). We have considered defendant's remaining contentions and find them unpersuasive.
Concur — Nardelli, J. P., Wallach, Tom and Andrias, JJ.
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