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NEW YORK AND PRESBYTERIAN HOSPITAL v. AUTO ONE INSURANCE COMPANY

28 A.D.3d 441 (2006)

811 N.Y.S.2d 584

NEW YORK AND PRESBYTERIAN HOSPITAL et al., Appellants, v. AUTO ONE INSURANCE COMPANY, Respondent.

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

April 4, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion to vacate its default in answering and for an extension of time to answer pursuant to CPLR 3012 (d). The defendant demonstrated both a reasonable excuse for its brief delay in serving an answer, and potentially meritorious defenses. Furthermore, there is a strong public policy in favor of resolving cases on the merits, and the default...

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