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KEENAN v. MACCARIELLO

254 A.D.2d 462 (1998)

679 N.Y.S.2d 316

Jerome S. Keenan et al., Appellants, v. Louis A. Maccariello, Respondent

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

October 26, 1998

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

The Supreme Court did not improvidently exercise its discretion in vacating the judgment entered upon the defendant's default in interposing an answer to the complaint. The defendant proffered a sufficient excuse for his unintentional default under the circumstances presented, and established the existence of a meritorious defense (see, Kennedy v Cassmon Realty Co.,

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