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FINNEGAN v. MURPHY

2008-09031.

66 A.D.3d 957 (2009)

886 N.Y.S.2d 826

2009 NY Slip Op 7796

VINCENT J. FINNEGAN, Appellant, v. JOHN H. MURPHY et al., Defendants, and CIRCUS MAN OF SUFFOLK, INC., et al., Respondents.

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

Decided October 27, 2009.

Ordered that the order entered August 12, 2008, is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the respondents' motion to vacate their default in answering the complaint and to compel the plaintiff to accept their answer, as the defendants demonstrated both a reasonable excuse for their default and the existence of a potentially meritorious defense (see Westchester Med. Ctr. v Hartford Cas. Ins. Co.,

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