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ANDELMAN v. BERARDI

2009-09700.

73 A.D.3d 956 (2010)

900 N.Y.S.2d 672

LUDMILA ANDELMAN, as Administrator of the Estate of POLINA PETLYAR, Deceased, Respondent, v. JAMES BERARDI, Appellant.

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

Decided May 18, 2010.

Ordered that the order dated August 21, 2009, is affirmed, with costs.

To vacate the order dated May 1, 2009, entered upon the plaintiff's default in opposing the defendant's motion for summary judgment dismissing the complaint, the plaintiff was required to show both a reasonable excuse for the default and the existence of a meritorious cause of action (see CPLR 5015 [a] [1]; Joseph v GMAC Leasing Corp., 44 A.D.3d 905

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