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CITY OF NEW YORK v. ELGHANAYAN

214 A.D.2d 329 (1995)

625 N.Y.S.2d 887

City of New York, Respondent, v. Nourollah Elghanayan et al., Appellants

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

April 4, 1995

The IAS Court properly exercised its discretion in denying defendants' renewal motion to vacate a default judgment where defendants failed to offer any excuse for not including in the original motion an affidavit from one of the defendants (Foley v Roche, 68 A.D.2d 558, 568). In the absence of an affidavit by one with personal knowledge of the facts, defendants failed to establish a meritorious defense to the action (James v Hoffman...

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