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SDF8 CBK, LLC v. 689 ST. MARKS AVE., INC.

2012-04746, Index No. 1579/09.

131 A.D.3d 1037 (2015)

16 N.Y.S.3d 463

2015 NY Slip Op 06800

SDF8 CBK, LLC, Respondent, v. 689 ST. MARKS AVENUE, INC., et al., Appellants, et al., Defendants.

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

Decided September 16, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a default in answering a complaint and to compel the plaintiff to accept an untimely answer as timely must show both a reasonable excuse for the default and the existence of a potentially meritorious defense (see CPLR 3012 [d]; 5015 [a] [1]; Chase Home Fin., LLC v Minott, 115 A.D...

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