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HOUSEHOLD FIN. REALTY CORP. v. DELMERICO

202 A.D.2d 636 (1994)

609 N.Y.S.2d 310

Household Finance Realty Corporation, Respondent, v. Frank Delmerico et al., Defendants, and Fleet Finance, Inc., Appellant

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

March 28, 1994

Ordered that the order is affirmed, with costs.

The court properly denied appellant's motion to vacate the judgment of foreclosure and sale and for leave to serve an answer. The appellant failed to show excusable default and a meritorious defense which would warrant vacating the judgment (see, CPLR 5015 [a] [1]). When served with the summons and complaint, the appellant relied upon the accuracy of the plaintiff's...

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