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CORREA v. AHN

205 A.D.2d 575 (1994)

613 N.Y.S.2d 241

Harold Correa et al., Appellants, v. Jae S. Ahn et al., Respondents

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

June 13, 1994

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

CPLR 2005 was not intended to routinely excuse defaults due to law office failures (see, American Sigol Corp. v Zicherman, 166 A.D.2d 628). To excuse a default, a party must show both a reasonable excuse for his omission and proof of merit to his claim. Despite the fact that the defendants...

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