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PARADISO & ASSOCS., INC. v. TAMARIN

210 A.D.2d 386 (1994)

622 N.Y.S.2d 57

Paradiso & Associates, Inc., Appellant, v. Robert P. Tamarin, Respondent, et al., Defendants

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

December 19, 1994

Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion by vacating the respondent's default and by granting him leave to serve an answer. The respondent clearly intended to defend the action on the merits, and at no time did the plaintiff enter a default judgment against him. Moreover, the respondent demonstrated a meritorious defense; he served his answer within a relatively...

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