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CANNATA-NOWELL v. DUANE READE, INC.

277 A.D.2d 121 (2000)

716 N.Y.S.2d 569

ANITA CANNATA-NOWELL, Appellant, v. DUANE READE, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 21, 2000.

Defendant's motion to vacate its default in submitting an answer was properly granted (see, Scott v Fontana, 268 A.D.2d 237). Defendant established a reasonable excuse for its delay by setting forth its diligent efforts to deliver the summons and complaint to the correct insurance company. Defendant also presented an affidavit setting forth a meritorious defense to plaintiff's claim based on its position that plaintiff's injuries...

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