PRICE v. SALVO


203 A.D.2d 349 (1994)

610 N.Y.S.2d 80

Eloise Price et al., Respondents, v. Joseph Salvo, Appellant

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

April 11, 1994


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

It is well established that in order for the plaintiffs to avoid the adverse impact of an order of preclusion, it was incumbent upon them to demonstrate an excusable default and the existence of a meritorious claim (see, Becerril v Skate Way Roller Rink, 184 A.D.2d 365...

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