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KOREA EXCH. BANK v. ATTILIO

186 A.D.2d 634 (1992)

Korea Exchange Bank, Respondent, v. Robertina V. Attilio, Appellant, et al., Defendants

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

October 13, 1992

Ordered that the order is affirmed insofar as appealed from, with costs.

It is within the discretion of the trial court "in the interests of justice to excuse delay or default resulting from law office failure" (CPLR 2005). A court will excuse a delay or default upon a showing of a meritorious defense and a justifiable excuse for the delay or default (Vieyra v Briggs & Stratton Corp., 166 A.D.2d 645). In this matter,...

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