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MONTAUK AUTOMATIC, INC., Appellant, v. THOMAS MUNHALL, Respondent.

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

The Supreme Court properly exercised its discretion in denying the plaintiff's motion to vacate its default in failing to oppose the defendant's motion pursuant to CPLR 3126 to strike the complaint. The plaintiff failed to establish a reasonable excuse for its default and produced no affidavit establishing that its claim had merit (see, Bender Bodnar v. Nankin, 186 A.D.2d 524; Moody v. Burgos, 151 A.D.2d 555). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.

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MONTAUK AUTOMATIC, INC. v. MUNHALL
(Feb 28, 1994)