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183 A.D.2d 488

Mandell v. Stein

Appellate Division of the Supreme Court of the State of New York · decided 1992-05-12

Cited by 1 later decisions — most recently March 1999

Good law ✅— No negative treatment on recordhow we know

Decided 1992-05-12

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¶1— Order of the Supreme Court, New York County (Beatrice Shainswit, J.), entered May 6, 1991, which granted the plaintiffs’ motion for a default judgment and inquest, and denied defendants’ cross-motion to vacate the default and for leave to serve an answer to the complaint, unanimously affirmed, with costs.

¶2To vacate a default a party must demonstrate a justifiable excuse for the default and a meritorious defense. There must be a sufficient factual showing to support such claims (Investment Corp. v Spector, 12 AD2d 911). Defendants have not sustained their burden. Concur — Sullivan, J. P., Rosenberger, Ross, Smith and Rubin, JJ.

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