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SIMPSON v. MAL SERV. CORP.

205 A.D.2d 419 (1994)

613 N.Y.S.2d 399

Barbara Simpson, Respondent, v. Mal Service Corp., Appellant

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

June 23, 1994

Vacatur of a default judgment requires a showing of reasonable excuse for the default and a meritorious defense (Du-Art Film Labs. v Wharton Intl. Films, 91 A.D.2d 572, 573). Respondent met both requirements. The original arbitration award (principal and attorney fees) in the amount of $17,821.16 was paid by respondent in a timely fashion in 1990. The subsequent award for interest should have been disaffirmed.

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