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TOPAL v. PACE UNIV.

167 A.D.2d 387 (1990)

Ronald Topal, Appellant, v. Pace University, Respondent

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

November 13, 1990

Ordered that the order is affirmed, without costs or disbursements.

In support of its motion to open its default in answering, the defendant presented a reasonable excuse for its delay and an affidavit of merit by one of its executive vice-presidents. The affidavit of merit primarily alleged legal defenses such as res judicata, based upon settlement of a 1977 suit by the plaintiff on similar facts, and the bar of the disclaimer and merger clauses contained in the...

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