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PETEREC-TOLINO v. HARAP

7188, 402522/09, 7188A.

93 A.D.3d 577 (2012)

941 N.Y.S.2d 92

2012 NY Slip Op 2262

JOHN L. PETEREC-TOLINO, Appellant, v. EDWARD HARAP et al., Respondents.

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

Decided March 27, 2012.

Defendants made a sufficient showing of excusable default and a meritorious defense to warrant denial of plaintiff's motions for a default judgment (see Zwicker v Emigrant Mtge. Co., Inc., 91 A.D.3d 443 [2012]). The record shows, among other things, that at the time plaintiff moved for a default judgment, he was aware that defendants intended to move to dismiss the complaint (see id...

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