Opinion
2001-09742
Submitted May 29, 2002.
July 1, 2002.
In an action to recover no-fault medical payments under an insurance contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated October 2, 2001, as denied that branch of its motion which was to vacate a judgment of the same court entered March 8, 2001, upon its default in answering the complaint.
Jacobson Schwartz, Rockville Centre, N.Y. (Charles V. Weitman of counsel), for appellant.
Joseph Henig, P.C., Bellmore, N.Y., for respondents.
Before: A. GAIL PRUDENTI, P.J., CORNELIUS J. O'BRIEN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
On a motion to vacate a default pursuant to CPLR 5015(a)(1), a movant must demonstrate a reasonable excuse for the default and a meritorious cause of action or defense (see CPLR 5015[a]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138). The defendant failed to offer a reasonable excuse for its default. Therefore, the Supreme Court providently exercised its discretion in denying that branch of the defendant's motion which was to vacate the judgment entered upon its default in answering the complaint.
PRUDENTI, P.J., O'BRIEN, McGINITY and CRANE, JJ., concur.