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KASUMU v. CITY OF NEW YORK

3677, 402030/04.

78 A.D.3d 560 (2010)

911 N.Y.S.2d 61

SIDIKAT KASUMU, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided November 23, 2010.

A plaintiff attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious cause of action (see Carroll v Nostra Realty Corp., 54 A.D.3d 623 [2008], lv dismissed 12 N.Y.3d 792 [2009]). While the determination as to whether a party has established a reasonable excuse usually rests within the sound discretion of the motion court...

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