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JAMIESON v. ROMAN

36 A.D.3d 861 (2007)

830 N.Y.S.2d 217

GORDIE JAMIESON, Respondent, v. JOSEPH ROMAN, Appellant.

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

Decided January 30, 2007.

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

A defendant who has failed to timely appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action when moving to extend the time to answer or to compel the acceptance of an untimely answer (see CPLR 5015 [a] [1]; Lipp v Port Auth. of N.Y. & N.J.,

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