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ROSENBAUM v. ROSENBAUM

134 A.D.2d 156 (1987)

Ephraim Rosenbaum, Appellant, v. Mary Rosenbaum, Respondent

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

November 5, 1987

On review of the record, we agree that Special Term erred in denying plaintiff's motion to excuse his default in failing to appear in opposition to the motion to confirm the Referee's report. Sufficient excuse and a meritorious defense were shown to warrant vacatur of the default. Apparently, plaintiff's former attorney, who has since been suspended from practice, did submit opposing papers which were not considered on the motion...

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