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DIPASQUALE v. SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

13 A.D.3d 100 (2004)

785 N.Y.S.2d 335

CHRISTOPHER E. DIPASQUALE, Appellant, v. SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK et al., Respondents.

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

December 7, 2004.

In order to vacate a default, a plaintiff must offer a reasonable excuse for the default and demonstrate merit to the complaint. Amendment of a complaint may be denied, in the exercise of discretion, where the proposed amended cause is also without merit (Ava & Co. v Olympic Tower Assoc., 259 A.D.2d 315, 316 [1999]). The original complaint was clearly without merit, and the proposed amended complaint sought to reinstate a claim...

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