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COSTELLO v. REILLY

36 A.D.3d 581 (2007)

828 N.Y.S.2d 172

RAYMOND COSTELLO et al., Appellants, v. STEVEN P. REILLY et al., Respondents, et al., Defendants.

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

Decided January 9, 2007.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to move for leave to enter a default judgment within one year after the defendant Steven P. Reilly (hereinafter Reilly) defaulted in answering the complaint (see CPLR 3215 [c]), they were required, in order to avoid dismissal of the complaint as to that defendant as abandoned, to demonstrate a reasonable excuse for their delay in seeking a default judgment and a meritorious cause of...

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