MITRANY v. AM. TITLE INS. CO.


238 A.D.2d 179 (1997)

655 N.Y.S.2d 957

Sion Mitrany, Appellant, v. American Title Insurance Company, Respondent

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

April 10, 1997


Judicial preference for disposing of cases on the merits does not relieve a party seeking to vacate a default of the two-pronged burden of showing merit to its position and a reasonable excuse for the default. The motion court properly rejected plaintiff's vague excuses for his failure to appear at a calendar call, which came after a long period of inaction in this matter, repeated dilatory tactics and a history of noncompliance with court orders, all to defendant's resultant...

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