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SCHILLER v. SUN ROCK BUILDING CORP.

260 A.D.2d 566 (1999)

688 N.Y.S.2d 646

LILLIAN SCHILLER et al., Respondents, v. SUN ROCK BUILDING CORP., Appellant, et al., Defendant.

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

Decided April 19, 1999.

Ordered that the order is affirmed, with costs.

The defendant Sun Rock Building Corp. moved pursuant to CPLR 5015 (a) to vacate a judgment entered against it upon its default in appearing. To obtain this relief a party must establish a reasonable excuse for the default and a meritorious defense. The court treated the motion as one made pursuant to CPLR 317, which requires proof of lack of actual notice and proof of a meritorious defense. The appellant failed to demonstrate...

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