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LOVARIO v. VUOTTO

266 A.D.2d 191 (1999)

697 N.Y.S.2d 673

ALBERTO LOVARIO et al., Appellants, v. NICOLA VUOTTO, Individually and Doing Business as NICK'S IRON WORKS, et al., Respondents.

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

Decided November 1, 1999.

Ordered that the orders dated May 12, 1998, and May 19, 1998, are affirmed insofar as appealed from; and it is further,

Ordered that the order dated June 23, 1998, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The defendants' demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion to strike their answer, and their demonstration of the existence of a meritorious...

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