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OCEAN INDEP. BANK v. TYRNAUER

176 A.D.2d 926 (1991)

Ocean Independent Bank, Respondent, v. Juda Tyrnauer et al., Appellants, et al., Defendants

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

October 28, 1991

Ordered that the orders are affirmed, with one bill of costs.

We find that the default was deliberate and was not validly explained. Although ongoing settlement negotiations may constitute a valid excuse for a defendant's failure to timely serve an answer (see, Pettinato v Sunscape At Bay Shore Home Owners Assn., 97 A.D.2d 434), it does not appear from this record that there were ongoing settlement negotiations between...

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