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MOUNT SINAI HOSPITAL OF QUEENS v. HERTZ CORPORATION

3 A.D.3d 523 (2004)

770 N.Y.S.2d 757

MOUNT SINAI HOSPITAL OF QUEENS, as Assignee of JOSEPHINE BREVOGEL, Respondent, v. HERTZ CORPORATION et al., Appellants.

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

January 20, 2004.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a judgment entered upon its failure to appear or answer a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see Manigat v Louis, 262 A.D.2d 289 [1999]). Generally, the determination whether to set aside a default is left to the sound discretion of the Supreme Court, the exercise of which...

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