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GAYNOR & BASS v. ARCADIPANE

268 A.D.2d 296 (2000)

700 N.Y.S.2d 818

GAYNOR & BASS, Appellant, v. MILDRED ARCADIPANE, Respondent.

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

Decided January 18, 2000.

The motion court properly vacated the default judgment entered by the Clerk of the Court pursuant to CPLR 3215 (a) where two of the plaintiff's causes of action were based on quantum meruit and, therefore, were not for a sum certain (see, Geer DuBois & Co. v Scott & Sons Co., 25 A.D.2d 423). Vacatur of the default judgment was also warranted on the ground that defendant had demonstrated both a reasonable excuse for its default...

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