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McFADDEN v. BATTAGLIA

159 A.D.2d 700 (1990)

William H. McFadden et al., Respondents, v. Richard Battaglia, Appellant, et al., Defendants

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

March 26, 1990

Ordered that the order is affirmed, with costs.

As a general rule, a default will be vacated and a late answer will be permitted and deemed timely served where a defendant can show that there is some merit to his defense and that there is some reasonable excuse for the delay in serving an answer (Matter of State of New York v Wiley, 117 A.D.2d 856; Maze v Di Bartolo, 97 A.D.2d 815

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