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MARTE v. 102-06 43 AVENUE, LLC

16593NA, 16593N

135 A.D.3d 457 (2016)

24 N.Y.S.3d 236

2016 NY Slip Op 00061

RONNY MARTE, Respondent, v. 102-06 43 AVENUE, LLC, Appellant, et al., Defendants.

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

Decided January 7, 2016.

Given "the strong public policy of this State to dispose of cases on their merits," the motion court improvidently exercised its discretion in denying the LLC's motion to vacate the order entered upon its default (Chelli v Kelly Group, P.C., 63 A.D.3d 632, 633 [1st Dept 2009]). Although the LLC is not entitled to vacatur under CPLR 5015 (a) (1), as it did not show a reasonable excuse for...

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