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RAMIREZ v. ROMUALDO

25 A.D.3d 680 (2006)

808 N.Y.S.2d 733

EDGAR HERNANDEZ RAMIREZ, Appellant, v. JUAN ROMUALDO, Respondent.

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

January 24, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendant's motion which was pursuant to CPLR 5015 (a) (1) to vacate his default in appearing or answering the complaint. The defendant demonstrated a reasonable excuse for the default by establishing that the Supreme Court did not have personal jurisdiction over him (see Smith v Smith, 291 A.D.2d 828 [2002]). The plaintiff's process...

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