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SS CONSTANTINE AND HELEN'S ROMANIAN ORTHODOX CHURCH OF AMERICA v. Z. ZINDEL, INC.

44 A.D.3d 744 (2007)

843 N.Y.S.2d 414

SS CONSTANTINE AND HELEN'S ROMANIAN ORTHODOX CHURCH OF AMERICA, Respondent, v. Z. ZINDEL, INC., Appellant.

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

Decided October 9, 2007.

Ordered that the order dated October 16, 2006, is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 5015 (a) (1), a court may vacate a default in opposing a motion where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense to the motion (see Energy Brands, Inc. v Utica Mut. Ins. Co., 38 A.D.3d 591...

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