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MATTER OF TOLVE v. NERI

208 A.D.2d 753 (1994)

618 N.Y.S.2d 547

In the Matter of Joe Tolve, Respondent, v. Theresa Neri, as Executrix of Anthony P. Neri, Deceased, Appellant, and Sondro Neri, Respondent

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

October 17, 1994

Ordered that the judgment is affirmed, with costs.

We find that the Supreme Court did not improvidently exercise its discretion in refusing to vacate the default judgment entered against the appellant. The appellant failed to establish both a reasonable excuse and a meritorious defense in attempting to vacate the default judgment (see, Putney v Pearlman, 203 A.D.2d 333; Fennell v Mason, 204...

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