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MARTINEZ v. D'ALESSANDRO CUSTOM BUILDERS & DEMOLITION, INC.

52 A.D.3d 786 (2008)

861 N.Y.S.2d 737

HUGO MARTINEZ, Appellant, v. D'ALESSANDRO CUSTOM BUILDERS & DEMOLITION, INC., Respondent, et al., Defendant.

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

Decided June 24, 2008.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion of the defendant D'Alessandro Custom Builders & Demolition, Inc., inter alia, to vacate the prior order entered March 12, 2007 and to compel the plaintiff to accept its late answer is denied.

A defendant seeking to vacate its default in appearing or answering the complaint must provide a reasonable excuse for...

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