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FIRST NATIONWIDE BANK v. PRETEL

240 A.D.2d 629 (1997)

659 N.Y.S.2d 291

First Nationwide Bank, Appellant, v. Amarante Pretel, Also Known as Amaranto Depretel, et al., Respondents

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

June 23, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the complaint is reinstated insofar as it is asserted against Amarante Pretel, First American Title Insurance Company of New York, Mela Alio, and "John" Alio.

Where a plaintiff fails to seek leave to enter a default judgment within one year after the default (CPLR 3215 [c]), he or she must offer a reasonable excuse for the delay and demonstrate that the complaint is meritorious...

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