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STATE STREET BANK AND TRUST COMPANY v. FRANCIS

284 A.D.2d 324 (2001)

725 N.Y.S.2d 562

STATE STREET BANK AND TRUST COMPANY, Appellant, v. NORRIS E. FRANCIS et al., Respondents.

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

Decided June 4, 2001.

Ordered that the order is affirmed, with costs payable to the respondents Norris E. Francis and Patricia Francis.

The plaintiff failed to move for leave to enter judgment within one year following the respective defaults of the defendants in answering the complaint (see, CPLR 3215 [c]), and failed to offer a reasonable excuse for the delay of almost five years in making such a motion (see, Opia v Chukwu, ...

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