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MATTER OF COSGROVE

281 A.D.2d 626 (2001)

722 N.Y.S.2d 180

In the Matter of the Estate of CATHERINE COSGROVE, Deceased. JOHN C. WIRTH, JR., et al., Respondents; DOMINICK J. DEDEO et al., Appellants.

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

Decided March 26, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants were obligated to establish both a reasonable excuse for their default and a meritorious defense (see, Roussodimou v Zafiriadis, 238 A.D.2d 568). "A decision to vacate a prior order or judgment rests in the sound discretion of the court and will be upheld in the absence of an improvident exercise of that discretion" (Spodek v Feibusch...

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