MATTER OF CRAWFORD v. PERALES


205 A.D.2d 307 (1994)

612 N.Y.S.2d 573

In the Matter of Gregory Crawford, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

June 2, 1994


The IAS Court did not abuse its discretion in vacating the State Respondent's default without imposing a sanction as a condition of vacatur, where, as here, the record reveals that the State Respondent, in seeking vacatur, met its burden of demonstrating both an excusable default, in that the failure to answer was attributable to an excusable law office failure that was immediately remedied, and a meritorious defense to the action, raised in the cross-motion to dismiss the...

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