OWAID v. COUNTRY-WIDE INSURANCE COMPANY


5 A.D.3d 645 (2004)

774 N.Y.S.2d 748

NIHAD OWAID, Appellant, v. COUNTRY-WIDE INSURANCE COMPANY, Respondent.

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

March 22, 2004.


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

A defendant attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see Roussodimou v Zafiriadis, 238 A.D.2d 568 [1997]). While the determination of what constitutes a reasonable excuse for a default lies...

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