Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:
We find sufficient support in this record to partially grant defendant's motion to vacate the default judgment awarding plaintiff treble damages under RPAPL 861 (2). In our view, defendant has demonstrated that his default was legally "excusable" and that he has a meritorious defense to the award of treble damages (see, Fidelity...
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