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AVERY v. CALDWELL

55 A.D.3d 473 (2008)

865 N.Y.S.2d 591

HALINA AVERY, Appellant, v. MOLLY CALDWELL, Respondent.

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

October 28, 2008.

A reasonable excuse for the default is demonstrated by the affirmations of defendant's attorney and his physician, which together are adequate to show that illness prevented the attorney from preparing an answer over the period of delay (see Embraer Fin. Ltd. v Servicios Aereos Profesionales, S.A., 42 A.D.3d 380 [2007]). Defendant has put forward a meritorious defense in its proposed verified answer and accompanying documents (

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