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ALLIED BLDG. PRODS. CORP. v. CLARKE

187 A.D.2d 1036 (1992)

Allied Building Products Corp., Formerly Known as Allied Roofers Supply Corp., Respondent, v. Peter J. Clarke, Doing Business as C & H Building Products, Defendant, and Karen E. Clarke, Appellant

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

November 18, 1992

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly exercised its discretion in denying defendant's motion to vacate the default judgment because defendant Karen E. Clarke failed to establish a reasonable excuse for her failure to appear at trial (see, CPLR 5015 [a] [1]; Passalacqua v Banat, 103 A.D.2d 769). Defendant's failure to communicate or cooperate with her attorney does not...

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