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REALTY SETTLEMENT CORP. v. ATKIN

113 A.D.2d 1009 (1985)

Realty Settlement Corporation, Appellant, v. Ida Atkin, Respondent. (Appeal No. 2.)

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

September 27, 1985

Order unanimously affirmed, with costs.

Memorandum:

Plaintiff's motion to vacate the default summary judgment pursuant to CPLR 5015 (a) (1) was properly denied, as plaintiff failed to make the requisite showing that the default was excusable, and that plaintiff has a meritorious cause of action (see, Klenk v Kent, 103 A.D.2d 1002, appeal dismissed 63 N.Y.2d 953). Plaintiff...

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