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YUSHAVAYEV v. KOPELMAN

307 A.D.2d 996 (2003)

763 N.Y.S.2d 484

IRINA YUSHAVAYEV et al., Respondents, v. REBECCA KOPELMAN, as Executor of IGOR KOPELMAN, Deceased, Appellant, et al., Defendant.

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

Decided August 18, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the order dated February 6, 2001, is reinstated.

On a motion to vacate a default pursuant CPLR 5015 (a) (1), the movant must demonstrate a reasonable excuse for the default and a meritorious cause of action or defense (see CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 N.Y.2d 831

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