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MATTER OF TRUMBULL INSURANCE COMPANY v. HENRIQUEZ

294 A.D.2d 369 (2002)

741 N.Y.S.2d 888

In the Matter of TRUMBULL INSURANCE COMPANY, Respondent, v. WILSON HENRIQUEZ, Respondent, and NATIONWIDE INSURANCE COMPANY, Appellant.

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

Decided May 6, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the order dated December 13, 2000, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

A party moving pursuant to CPLR 5015 (a) (1) to vacate an order entered upon the failure to appear or answer must show a reasonable excuse for the default and a meritorious defense (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co.,

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