Andrew Mundo Ind. v. Liberty Mutual Group

298 A.D.2d 215, 748 N.Y.S.2d 249, 2002 N.Y. App. Div. LEXIS 9740

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 15, 2002
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 19, 2001, which, inter alia, granted defendant’s motion to vacate a default judgment entered against it, unanimously affirmed, without costs.

The motion court properly vacated the default judgment against defendant insurer upon defendant’s showing of a reasonable excuse for its default and a meritorious defense to plaintiffs claim that the liability for which plaintiff seeks reimbursement is covered under the policy issued to it by defendant (see Karacostas v Trinity Place Co., 294 AD2d 250). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Ellerin and Rubin, JJ.