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MATTER OF DELGADO v. JVC, INC.

2009-10002

72 A.D.3d 962 (2010)

898 N.Y.S.2d 516

In the Matter of JOSEPH DELGADO et al., Respondents, v. JVC, INC., Appellant.

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

Decided April 20, 2010.

Ordered that the order is reversed, on the law, with costs, that branch of the motion of JVC, Inc., which was to vacate the order dated August 14, 2009, is granted, and the mechanic's lien is reinstated.

To prevail on its motion to vacate, the appellant was required to demonstrate both a reasonable excuse for its default and the existence of a meritorious defense (see Fekete v Camp Skwere, 16 A.D.3d 544, 545 [2005];...

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