Affirmation in Support Motion to vacate default judgment meritorious defense reasonable excuse no prejudice one year
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2009-04-18
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Introduction
This is an Affirmation in support of a Motion to vacate a default judgment with relevant caselaw. Defendant argues he had a meritorious defense, a reasonable excuse for defaulting, no prejudice is shown to plaintiff and the motion was made within a reasoable time within one year. Defendant alleges improper service and requests the opportunity to interpose an answer and appear in the action.