MERRILL/NEW YORK COMPANY v. CELERITY SYSTEMS, INC.


300 A.D.2d 206 (2002)

752 N.Y.S.2d 301

MERRILL/NEW YORK COMPANY, Respondent, v. CELERITY SYSTEMS, INC., Appellant.

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

Decided December 24, 2002.


Defendant fails to show a meritorious defense, rendering its showing of a reasonable excuse for the default academic (see Crespo v A.D.A. Mgt., 292 A.D.2d 5, 10). The default judgment was granted upon defendant's failure to appear for oral argument of plaintiff's motion for summary judgment on its cause of action for account stated. In that motion plaintiff made a prima facie showing that nine invoices, annexed to its complaint and...

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