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FURON CONSTRUCTION, INC., et al., Respondents, v. LUZ S. VELEZ, Appellant.

Ordered that the order is affirmed, without costs or disbursements.

It is well-settled that a default judgment may be vacated in the sound discretion of the trial court upon the movant's showing of an excusable default as well as a meritorious defense (see, CPLR 5015 [a]; Perellie v. Crimson's Rest., 108 A.D.2d 903; Fiore v. Galang, 64 N.Y.2d 999; County of Nassau v. Cedric Constr. Corp., 100 A.D.2d 890; McCargar v. Welser, 109 A.D.2d 1053). In the case at bar, the defendant failed to demonstrate either. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.

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FURON CONSTRUCTION, INC. v. VELEZ
(Nov 28, 1994)