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WYCKOFF HEIGHTS MEDICAL CENTER v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE

2 A.D.3d 841 (2003)

769 N.Y.S.2d 380

WYCKOFF HEIGHTS MEDICAL CENTER, as Assignee of CRISTINO MORONTA, Appellant, v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, Respondent.

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

December 29, 2003.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the cross motion is denied, and the order dated May 14, 2002, and the judgment entered June 21, 2002, are reinstated.

A party seeking to be relieved of its default must establish both a reasonable excuse and a meritorious defense (see CPLR 5015; Eretz Funding v Shalosh Assoc., 266 A.D.2d 184, 185 [1999...

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