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ELLIOTT M. EPSTEIN, Respondent, v. PETER NIEVES, Appellant, et al., Defendant.

Ordered that the order is affirmed, with costs.

In order to show that relief from a default judgment is warranted, the moving party must offer an affidavit of merit in addition to a reasonable excuse for the default ( see, Fidelity Deposit Co. v Andersen Co., 60 NY2d 693, 695). The appellant failed to offer a reasonable excuse or sufficient evidence of the merits of his defense. Therefore, the Supreme Court did not improvidently exercise its discretion by denying his motion ( see, Fidelity Deposit Co. v Andersen Co., supra; see also, Barasch v Micucci, 49 NY2d 594, 598).

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EPSTEIN v. NIEVES
(Dec 23, 1996)