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BEALE v. YEPES

309 A.D.2d 886 (2003)

766 N.Y.S.2d 364

EUGENE BEALE et al., Appellants, v. JOSE M. YEPES et al., Respondents.

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

Decided October 27, 2003.

Ordered that the order is affirmed, with costs.

To vacate a default, a plaintiff must demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a]; Sicari v Hung Yuen Wong, 286 A.D.2d 489 [2001]). The plaintiffs' counsel's bare allegations of law office failure on the part of prior counsel cannot serve as the basis to set aside a judgment pursuant to CPLR 5015 (see Gourdet...

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