A motion to vacate a default requires both a reasonable excuse and a showing of a meritorious claim. Here, while conceding that the failure to serve a notice of claim is fatal to any State-based tort claim, plaintiff contends that he nevertheless has a meritorious Federal-based tort claim under 42 USC § 1983. We disagree. No facts are adduced tending to show that plaintiff was selectively prosecuted for building code violations because of his race, or that race-based...
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