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OBERMAIER v. FIX

25 A.D.3d 327 (2006)

807 N.Y.S.2d 55

OTTO G. OBERMAIER, as Receiver for DAVID M. MOBLEY, SR, Appellant, v. CHARLES FIX, Respondent, et al., Defendant.

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

January 3, 2006.

Defendant, in seeking to vacate his default, made the requisite showing of a justifiable excuse by providing uncontradicted sworn testimony that he was out of the country at the time that service was made at an office at which he works and an apartment at which he at times lives, and that he was unaware of this action until April 2005, shortly before he moved to vacate the default (see Wilson v Sherman Terrace Coop., Inc.,

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