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COLOR WHEEL, INC. v. INTERSTATE PRINTING COMPANY INC.

281 A.D.2d 161 (2001)

721 N.Y.S.2d 512

COLOR WHEEL, INC., Appellant, v. INTERSTATE PRINTING COMPANY INC., Respondent.

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

Decided March 1, 2001.

In order to vacate the default judgment, defendant needed to establish both a reasonable excuse and a meritorious defense (see, Goncalves v Stuyvesant Dev. Assocs., 232 A.D.2d 275; Dimitratos v City of New York, 180 A.D.2d 414). It succeeded in the former, but failed as to the latter. Defendant's contention, that it withheld payment of monies concededly due and owing to plaintiff under their...

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