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AVE T MPC CORP. v. CHUBB INDEM. INS. CO.

2006-1904 K C.

2008 NY Slip Op 51681 (U)

AVE T MPC CORP. A/A/O AIRINOV ISKOLSKY, Appellant, v. CHUBB INDEMNITY INS. CO., Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 30, 2008.

In this action to recover assigned first-party no-fault benefits, defendant moved to vacate the default judgment and to compel plaintiff to accept a late answer. The court below granted defendant's motion, and this appeal by plaintiff ensued.

It is well settled that in order to vacate a default judgment, the defaulting party must demonstrate both a reasonable excuse for its default and a meritorious defense to the action (see Titan Realty Corp. v Schlem,

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