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MEDICAL CARE SERVICES, P.C. v. ALLSTATE INSURANCE CO.

280 A.D.2d 456 (2001)

719 N.Y.S.2d 901

MEDICAL CARE SERVICES, P. C., Appellant, v. ALLSTATE INSURANCE CO., Respondent.

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

Decided February 5, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion and conditionally vacating its default in answering the complaint. The defendant sustained its burden of providing a reasonable excuse for its failure to serve a timely answer and demonstrating the existence of a potentially meritorious defense to the action (see, Nikac v Rukaj,

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