ORIMEX TRADING, INC. v. BERMAN


168 A.D.2d 263 (1990)

Orimex Trading, Inc., Respondent, v. Ben Berman, Appellant

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

December 6, 1990


It is within the IAS court's discretion to determine whether or not a party has shown a reasonable excuse for a default (Sanders & Assocs. v Hague Dev. Corp., 100 A.D.2d 964, 965). Here, defendant's excuse for his default was that he was not properly served. The record supports the IAS court's conclusion to the contrary, and we find no reason to disturb that conclusion on appeal.

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