Opinion
2001-04297
Submitted December 5, 2001.
December 31, 2001.
In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated March 9, 2001, which denied its motion to compel the plaintiffs to accept its answer.
Longo D'Apice, Brooklyn, N.Y. (Mark A. Longo and Amy M. Kramer of counsel), for appellant.
Wilkofsky, Friedman, Karel Cummins, New York, N Y (David B. Karel of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion to compel the plaintiffs to [*2]accept its answer because the defendant demonstrated neither a reasonable excuse for its default in answering nor the existence of a meritorious defense (see, Hazen v. Bottiglieri, 286 A.D.2d 708; Melish v. Melish, 267 A.D.2d 218; Rivera v. 999 Realty Mtg., 246 A.D.2d 637; Miles v. Blue Label Trucking, 232 A.D.2d 382; Martyn v. Jones, 166 A.D.2d 508).
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.