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MARIO SANTIAGO, Respondent, v. ANTHONY SIEGA, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

Generally, in order to successfully oppose a motion for leave to enter a judgment based on the failure to serve an answer, a defendant must demonstrate a reasonable excuse for the delay and provide a meritorious defense (see, Pumarejo-Garcia v. McDonough, 242 A.D.2d 374; Dinerstein Lesser v. Ambulette Assn., 88 A.D.2d 945). The defendant failed to demonstrate either and, thus, the plaintiff's motion, inter alia, for leave to enter a judgment upon his default in appearing was properly granted.

Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.

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SANTIAGO v. SIEGA
(Nov 2, 1998)