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LEVY v. CUSUMANO

204 A.D.2d 519 (1994)

614 N.Y.S.2d 201

Michael A. Levy et al., Appellants, v. John Cusumano et al., Defendants, and Anthony Pariti et al., Respondents

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

May 16, 1994

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for an inquest to determine the amount of damages.

As a general rule, a default will be vacated and a late answer will be permitted and deemed timely served where a defendant can show that there is some merit to his or her defense and that there is some reasonable excuse for the...

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