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GEM INVS. AM., LLC v. MARQUEZ

11038.

180 A.D.3d 513 (2020)

118 N.Y.S.3d 598

2020 NY Slip Op 01034

GEM Investments America, LLC, Respondent, v. Julio A. Marquez, Appellant.

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

Decided February 13, 2020.

The IAS court providently exercised its discretion in finding that defendant failed to present a reasonable excuse for its default (see Rodgers v 66 E. Tremont Hgts. Hous. Dev. Fund Corp., 69 A.D.3d 510, 510 [1st Dept 2010]). Though lack of proper service may support excusable default (see Sachellaridou v Tap Elec., 188 A.D.2d 427 [1st Dept 1992]), the facts here suggest that the default...

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