Appellate Division of the Supreme Court of the State of New York October 10, 2012 (Sussman v. Jo-Sta Realty Corp.)
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United States · · · 10-10-2012
*788A defendant seeking to vacate a default in appearing or answering pursuant to CPLR 5015 (a) (1) must demonstrate both a reasonable excuse for the default and a potentially meritorious defense to the action (see Clover M. Barrett, P.C. v Gordon, 90 AD3d 973 [2011]; Development Strategies Co., LLC, Profit Sharing Plan v Astoria Equities, Inc., 71 AD3d 628 [2010]).
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