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GOURVITCH v. 92ND & 3RD REST CORP.

2638N, 153131/15.

146 A.D.3d 431 (2017)

2017 NY Slip Op 00040

44 N.Y.S.3d 403

RACHEL GOURVITCH, Respondent, v. 92ND AND 3RD REST CORP., Appellant, et al., Defendant.

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

Decided January 3, 2017.

Plaintiff's noncompliance with the "additional service" requirement of CPLR 3215 (g) (4) (i) does not warrant vacatur of the default judgment absent a showing of a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Lopez v Trucking & Stratford, 299 A.D.2d 187 [1st Dept 2002]; Mauro v 1896 Stillwell Ave., Inc., 39 A.D.3d 506 [2d Dept 2007]). The...

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