Hospital for Joint Diseases v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Hospital for Joint Diseases v. Allstate Insurance

283 A.D.2d 609, 725 N.Y.S.2d 234, 2001 N.Y. App. Div. LEXIS 5497

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 2001

StatusPublished

Cited by3 cases

This text of 283 A.D.2d 609 (Hospital for Joint Diseases v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hospital for Joint Diseases v. Allstate Insurance, 283 A.D.2d 609, 725 N.Y.S.2d 234, 2001 N.Y. App. Div. LEXIS 5497 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action to recover no-fault medical payments under four insurance contracts, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 20, 2000, as denied its motion to vacate a judgment of the same court, entered January 7, 2000, upon its default in answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a judgment entered upon its default in answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Manigat v Louis, 262 AD2d 289). Generally, the decision as to the setting aside of a default in answering is left to the sound discretion of the Supreme Court, the exercise of which will not be disturbed if there is support in the record (see, Gurreri v Village of Briarcliff Manor, 249 AD2d 508; MacMarty, Inc. v Scheller, 201 AD2d 706). Since the defendant failed to establish a reasonable excuse for its default, it was not entitled to vacatur (see, CPLR 5015 [a] [1]; Jacobowitz & Gubits v Duffy, 236 AD2d 446). O’Brien, J. P., Gold-stein, Friedmann and Smith, JJ., concur.

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—In an action to recover no-fault medical payments under four insurance contracts, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 20, 2000, as denied its motion to vacate a judgment of the same court, entered January 7, 2000, upon its default in answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a judgment entered upon its default in answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Manigat v Louis, 262 AD2d 289). Generally, the decision as to the setting aside of a default in answering is left to the sound discretion of the Supreme Court, the exercise of which will not be disturbed if there is support in the record (see, Gurreri v Village of Briarcliff Manor, 249 AD2d 508; MacMarty, Inc. v Scheller, 201 AD2d 706). Since the defendant failed to establish a reasonable excuse for its default, it was not entitled to vacatur (see, CPLR 5015 [a] [1]; Jacobowitz & Gubits v Duffy, 236 AD2d 446). O’Brien, J. P., Gold-stein, Friedmann and Smith, JJ., concur.

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Bluebook (online)

283 A.D.2d 609, 725 N.Y.S.2d 234, 2001 N.Y. App. Div. LEXIS 5497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hospital-for-joint-diseases-v-allstate-insurance-nyappdiv-2001.

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