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ZWICKER v. EMIGRANT MORTGAGE COMPANY, INC.

6472, 116512/09

91 A.D.3d 443 (2012)

936 N.Y.S.2d 158

2012 NY Slip Op 35

URSULA ZWICKER, Appellant, v. EMIGRANT MORTGAGE COMPANY, INC., et al., Respondents.

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

Decided January 5, 2012.

Plaintiff's motion for a default judgment was properly denied since defendants proffered a reasonable excuse for the default and a meritorious defense to the action (see ICBC Broadcast Holdings-NY, Inc. v Prime Time Adv., Inc., 26 A.D.3d 239 [2006]). The evidence established that the parties were involved in settlement negotiations even after defendants' extended time to answer the complaint had expired.

Plaintiff's first...

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