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MITA v. BIANCHI

286 A.D.2d 376 (2001)

728 N.Y.S.2d 710

LEONARD MITA et al., Appellants, v. REDELLE C. BIANCHI et al., Respondents.

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

Decided August 13, 2001.

Ordered that the order is affirmed, with costs.

A defendant attempting to vacate a default must establish both a reasonable excuse for the default and a meritorious defense (see, CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138). The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the Supreme Court (see, Roussodimou v Zafiriadis,...

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