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PUMAREJO-GARCIA v. McDONOUGH

242 A.D.2d 374 (1997)

662 N.Y.S.2d 66

Javier Pumarejo-Garcia et al., Appellants, v. James McDonough, Respondent

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

August 25, 1997

Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

In order to successfully oppose a motion for leave to enter a default judgment based upon the defendant's failure to serve an answer, the defendant must demonstrate reasonable excuse for the delay and provide a meritorious defense (see<...

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