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COBBS v. RUN TRANSIT, INC.

111 A.D.2d 363 (1985)

Joseph Cobbs, Appellant, v. Run Transit, Inc., et al., Defendants, and S & M Truck Corp., Respondent. (And a Third-Party Action.)

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

May 28, 1985

Order affirmed, insofar as appealed from, with costs.

Contrary to plaintiff's assertions, it was not an improvident exercise of discretion for Special Term to refuse to vacate the dismissal of the action against S & M Truck Corp. In order to vacate a default, the movant bears the burden of demonstrating an adequate excuse for the default, as well as a meritorious claim (see, e.g., Salvagne v Transamerica Ins...

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