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IN THE MATTER OF MACIAS v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

10 A.D.3d 396 (2004)

780 N.Y.S.2d 780

In the Matter of DOLORES MACIAS, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

Decided August 9, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the order dated June 2, 2003, is vacated.

A court may vacate a default where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Ray Realty Fulton, Inc. v Kwang Hee Lee, 7 A.D.3d 772

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