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DEFAZIO v. BERLEY REALTY CORP.

259 A.D.2d 266 (1999)

686 N.Y.S.2d 10

MICHAEL DEFAZIO et al., Appellants, v. BERLEY REALTY CORP. et al., Respondents, et al., Defendants, et al., Third-Party Plaintiff. SUPERMARKETS GENERAL CORPORATION, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

Decided March 2, 1999.

The IAS Court properly denied plaintiffs' motion to renew (see, Silverman v Leucadia Inc., 159 A.D.2d 254). In any event, on the merits, plaintiffs failed to establish either a reasonable excuse for their default or that their claim was meritorious (see, Goncalves v Stuyvesant Dev. Assocs., 232 A.D.2d 275). Plaintiffs' affidavit of merit, containing little else but conclusory allegations...

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