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BENSIMON v. FISHMAN

Appellate Division of the Supreme Court of New York, Second Department.
Sep 15, 1997

Ordered that the order is affirmed, with costs.

To successfully oppose a motion for leave to enter a default judgment based on a plaintiff's failure to serve a reply to a counterclaim, the plaintiff must demonstrate a reasonable excuse for the delay and provide a meritorious defense ( see, Dinerstein Lesser v. Ambulette Assn., 88 A.D.2d 945). The plaintiffs failed to satisfy this standard.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.