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MARC SCHULTZ et al., Respondents, v. SAL RUGGIERO et al., Appellants.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A party attempting to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) must establish both that there is a reasonable excuse for the default and that there exists a meritorious claim or defense (see, Passalacqua v Banat, 103 A.D.2d 769). The default in the instant case was not excusable and the existence of a meritorious defense was not established. Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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SCHULTZ v. RUGGIERO
(Apr 6, 1987)