In this summary proceeding brought pursuant to RPAPL 713 (10), appellant Serge Rozenbaum, the owner of the subject condominium unit, moved to vacate a default final judgment and dismiss the petition as against him. In our view, appellant's motion should have been granted because appellant showed an excuse for his default and conclusively established as a matter of law a meritorious defense to petitioner's proceeding to be restored to possession. With respect to the latter...
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