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MATTER OF WIMBLEDON FIN. MASTER FUND, LTD. v. SAGE GROUP CONSULTING INC.

10623. 654559/17.

178 A.D.3d 572 (2019)

112 N.Y.S.3d 486

2019 NY Slip Op 09109

In the Matter of Wimbledon Financing Master Fund, Ltd., Respondent, v. Sage Group Consulting Inc. et al., Appellants, and Aaron A. Grunfeld et al., Respondents.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Parlatore Law Group, LLC, New York ( Scott D. Brenner of counsel), for appellants.

Kaplan Rice LLP, New York ( John P. Collins, Jr. of counsel), for respondent.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

To vacate a default judgment under CPLR 5015(a), a defendant "must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action" (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]).

Respondents failed to establish a reasonable excuse for their default in answering the petition (Lockard v Sopolsky, 82 A.D.3d 657...

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