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MATTER OF C.N.A. v. JIM SHIM

290 A.D.2d 438 (2002)

736 N.Y.S.2d 244

In the Matter of C.N.A., Respondent, v. JAE JIM SHIM, Respondent, AMERICAN HOME ASSURANCE CO., Appellant, et al., Respondent.

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

Decided January 14, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly treated the appellant's supplemental petition as a motion for leave to reargue, and, upon reargument, properly adhered to its original determination after reviewing the merits (see, Caccioppoli v Long Is. Jewish Med. Ctr., 271 A.D.2d 565).

To vacate a default, a defendant must establish both a reasonable excuse for...

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