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SHMARKATYUK v. CHOUCHEREBA

291 A.D.2d 487 (2002)

738 N.Y.S.2d 367

ALEKSANDR SHMARKATYUK, an Infant, by His Mother and Natural Guardian, LYUDMILA SHMARKATYUK, Respondent, v. ANDREI CHOUCHEREBA et al., Defendants, and JOSEPH PITRE, Appellant.

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

Decided February 19, 2002.

Ordered that the order is affirmed, with costs.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138). It is within the court's discretion whether, in the interest of justice, to excuse delay or default resulting from law office failure (see, CPLR 2005; Korea Exch. Bank v Attilio,...

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