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EPSTEIN v. NIEVES

Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 1996

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).