NEW YORK UNIVERSITY HOSPITAL RUSK INSTITUTE v. ILLINOIS NATIONAL INSURANCE CO.


31 A.D.3d 511 (2006)

818 N.Y.S.2d 585

NEW YORK UNIVERSITY HOSPITAL RUSK INSTITUTE et al., Respondents, v. ILLINOIS NATIONAL INSURANCE CO. et al., Appellants.

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

July 11, 2006.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the clerk's judgment entered December 8, 2004 is vacated, the information subpoena dated March 28, 2005 is quashed, and the order dated May 26, 2005 is vacated.

"A [defendant] seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1) `must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense...

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