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BERARDO v. GUILLET

3948, 6630/01

86 A.D.3d 459 (2011)

926 N.Y.S.2d 521

2011 NY Slip Op 5939

STEPHANIE L. BERARDO, as Surviving Spouse and Administratrix of the Estate of FRANCIS LINDNER, Deceased, et al., Respondents, v. JACQUES GUILLET et al., Appellants.

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

Decided July 14, 2011.

Given "the strong public policy of this State to dispose of cases on their merits, the motion court improvidently exercised its discretion in denying defendants' motion to vacate the default order" (Chelli v Kelly Group, P.C., 63 A.D.3d 632, 633 [2009] [citation omitted]), made upon a showing of excusable default and a meritorious defense (Chevalier v 368 E. 148th St. Assoc., LLC, 80 A.D.3d 411...

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