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UMLIC-ONE, INC. v. CAHILL TRUST

236 A.D.2d 390 (1997)

654 N.Y.S.2d 574

Umlic-One, Inc., Respondent, v. Cahill Trust, Appellant, et al., Defendants

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

February 3, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellant's motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned insofar as asserted against it. The plaintiff established both a reasonable excuse for its failure to enter a default judgment against the appellant within one year, and that its claim was meritorious (see, Ingenito v Grumman Corp., 192 A.D.2d...

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