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HEREFORD INS. CO. v. FOREST HILLS MED., P.C.

9370, 152680/16.

172 A.D.3d 567 (2019)

98 N.Y.S.3d 738

2019 NY Slip Op 03926

Hereford Insurance Company, Appellant, v. Forest Hills Medical, P.C., et al., Defendants, and Art of Healing Medicine, P.C., et al., Respondents.

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

Decided May 21, 2019.

Although movant defendants' motion to vacate was timely (CPLR 2103 [b] [2]), "[a] defendant seeking to vacate a default under [CPLR 5015 (a) (1)] must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action" (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Here, movant defendants' excuse of law office failure for failing to timely answer...

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