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BURLINGTON INS. CO. v. VARTEL NY CONSTR. CORP.

160980/17, 11198NA, 11198N.

181 A.D.3d 421 (2020)

117 N.Y.S.3d 565

2020 NY Slip Op 01457

Burlington Insurance Company, Respondent, v. Vartel NY Construction Corp., Defendant, and Constantinos Antonopoulos, Appellant.

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

Decided March 3, 2020.

Defendant failed to demonstrate a reasonable excuse for his default and a meritorious defense to the action (CPLR 5015[a][1]; see Higgins v Bellet Constr. Co., 287 A.D.2d 377 [1st Dept 2001]). Neither his conclusory statement that he did not receive the summons and complaint nor his claimed medical impairment constitutes a reasonable excuse for his default. The medical records, including a physician's unsworn letter dated March 27...

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