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BBCN BANK v. 12TH AVENUE RESTAURANT GROUP, INC.

2195N, 159880/13.

144 A.D.3d 494 (2016)

2016 NY Slip Op 07593

41 N.Y.S.3d 226

BBCN BANK, Formerly Known as NARA BANK, Appellant, v. 12TH AVENUE RESTAURANT GROUP, INC., Doing Business as HUDSON RIVER CAFÉ, et al., Respondents, et al., Defendants.

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

Decided November 15, 2016.

To vacate the default judgment, defendants were required to show a reasonable excuse for the default and a meritorious defense (see John Harris P.C. v Krauss, 87 A.D.3d 469 [1st Dept 2011]). The court abused its discretion in finding that defendants made these showings. With regard to reasonable excuse, defendants relied on law office failure. However, they failed to show that they even retained counsel for this, as opposed to another...

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