CURRAN v. GRAF


13 A.D.3d 409 (2004)

789 N.Y.S.2d 891

BRENDAN CURRAN et al., Appellants, v. WILLIAM GRAF et al., Respondents, et al., Defendants.

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

December 13, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter a judgment against the respondents upon their default in appearing or answering, and in deeming the respondents' proposed verified answer to have been served. A court may vacate a default where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense (

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