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CHEM. BANK v. FAZEL

245 A.D.2d 32 (1997)

665 N.Y.S.2d 862

Chemical Bank, Respondent, v. Mehdi Fazel, Appellant, et al., Defendant

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

December 4, 1997

A party seeking vacatur of a default must establish both the existence of a meritorious claim or defense and a reasonable excuse for the default (see, CPLR 5015 [a] [1]; Eugene DiLorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138; Arias v Sanchez, 227 A.D.2d 284). Defendant's justification for the default is that he did not receive a copy of...

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