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SANTIAGO v. SIEGA

Appellate Division of the Supreme Court of New York, Second Department.
Nov 2, 1998

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.