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CAPITAL DIST. SAND & GRAVEL CO., INC. v. FERRAN

54 A.D.2d 793 (1976)

Capital District Sand & Gravel Co., Inc., Respondent, v. Rocco Ferran, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 21, 1976

The record establishes that Special Term was correct in its conclusion that the defendant has not shown a valid excuse for his default and has not demonstrated a meritorious defense. As the opening of a default is discretionary, and the defendant has not met both conditions prerequisite to the relief sought, Special Term's refusal to open the default was not an abuse of discretion (United Ind. Corp. v Shreiber,

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