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EAVES v. OCANA

122 A.D.2d 18 (1986)

Tina M. Eaves, Respondent, v. Miguel Ocana, Appellant, et al., Defendants

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

July 7, 1986

Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed as against the defendant Miguel Ocana.

In order to defeat a motion pursuant to CPLR 3215 (c), an opposing plaintiff is required to show both a reasonable and acceptable excuse for the delay and that his cause has merit (Finan v Queens Tr. Corp., 100 A.D.2d 951). Since no such showing was made, it was error for Special Term to...

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