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FACSIMILE COMMUNICATIONS INDUSTRIES, INC. v. NYU HOSPITAL CENTER

28 A.D.3d 391 (2006)

812 N.Y.S.2d 869

FACSIMILE COMMUNICATIONS INDUSTRIES, INC., Doing Business as ATLANTIC BUSINESS PRODUCTS, Respondent, v. NYU HOSPITAL CENTER, Appellant.

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

April 27, 2006.

To obtain relief from the default judgment entered against it, defendant was required to demonstrate both a reasonable excuse for the default and a meritorious defense to the action (John v. City of New York, 260 A.D.2d 187, 188 [1999]). With regard to its purported excuse for its default, defendant failed on several occasions to respond to the action or communicate with plaintiff's counsel, despite assurances by defendant's counsel...

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