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KASSIANO v. PALM MANAGEMENT CORPORATION

Nos. 7573, 308735/10.

95 A.D.3d 541 (2012)

944 N.Y.S.2d 76

2012 NY Slip Op 3558

MARCELINO KASSIANO et al., Appellants, v. PALM MANAGEMENT CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 8, 2012.

A plaintiff seeking to vacate a default in responding to a motion to dismiss pursuant to CPLR 5015 (a) (1) must proffer both a reasonable excuse for the default and a meritorious cause of action (see Brown v Suggs, 38 A.D.3d 329, 330 [2007]). "Law office failure may constitute a reasonable excuse for a default" (Goodwin v New York City Hous. Auth., 78 A.D.3d 550, 551 [2010]; see CPLR...

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