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DAIMLERCHRYSLER INSURANCE COMPANY v. SECK

4575, 115218/08.

82 A.D.3d 581 (2011)

919 N.Y.S.2d 20

DAIMLERCHRYSLER INSURANCE COMPANY, as Subrogee of Chrysler Financial Co., Respondent, v. ALIOU SECK et al., Defendants, and NATIONWIDE ASSURANCE COMPANY, Appellant.

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

Decided March 22, 2011.

An order striking an answer should be vacated where a defendant can show a reasonable excuse for default (CPLR 5015 [a]) and a meritorious defense (see Harwood v Chaliha, 291 A.D.2d 234 [2002]). Here, Nationwide demonstrated that its failure to oppose plaintiff's motion was neither willful, nor part of a pattern of dilatory behavior (see Chelli v Kelly Group, P.C., 

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