WESTCHESTER MEDICAL CENTER v. HARTFORD CASUALTY INSURANCE COMPANY


58 A.D.3d 832 (2009)

872 N.Y.S.2d 196

WESTCHESTER MEDICAL CENTER, as Assignee of DIEDRE WALSH, Appellant, v. HARTFORD CASUALTY INSURANCE COMPANY et al., Respondents.

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

January 27, 2009.


Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must demonstrate a reasonable excuse for its delay in appearing and answering, as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Verde Elec. Corp. v Federal Ins. Co., 50 A.D.3d 672, 672-673 [2008]). Here, the defendants established that their...

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