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Patricia Hernandez, Appellant, v. Luna Brothers, Inc., et al., Respondents

New York Supreme Court, Appellate Division1998-11-17
255 A.D.2d 198679 N.Y.S.2d 817

Authorities cited

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Opinion

majority opinion

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about July 3, 1997, which granted defendants’ motion to vacate a default judgment in plaintiffs favor, unanimously affirmed, without costs.

Since defendants adequately demonstrated that there was a reasonable excuse for their default, and that they have a meritorious defense, the judgment entered upon their default was properly vacated (see, Murphy v D. V. Waste Control Corp., 124 AD2d 573). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.