NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS v. CLARENDON NATIONAL INSURANCE COMPANY


13 A.D.3d 596 (2004)

786 N.Y.S.2d 352

NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, as Assignee of DAVID MCNEAL, et al., Appellants, v. CLARENDON NATIONAL INSURANCE COMPANY, Respondent.

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

December 27, 2004.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied, and the judgment is reinstated.

It is well settled that a defendant seeking to vacate a default in appearing or answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Glibbery v Cosenza & Assoc., 4 A.D.3d...

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