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WYCKOFF HEIGHTS MEDICAL CENTER, A/A/O CRISTINO MORONTA, appellant, v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, respondent.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the cross motion is denied, and the order dated May 14, 2002, and the judgment entered June 21, 2002, are reinstated.

A party seeking to be relieved of its default must establish both a reasonable excuse and a meritorious defense ( see CPLR 5015; Eretz Funding v. Shalosh Assocs., 266 A.D.2d 184, 185). In this case, the defendant was aware that the plaintiff obtained a default judgment against it and took no steps to vacate the default until the plaintiff moved to hold the defendant in contempt of court for failing to comply with an information subpoena designed to enforce the judgment. Such conduct constituted an intentional default, which was not excusable ( see Eretz Funding v. Shalosh Assocs., supra; Roussodimou v. Zafiriadis, 238 A.D.2d 568, 568-569). Therefore, the defendant's motion to vacate its default should have been denied.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.

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WYCKOFF HGTS. MED. CTR. v. MERCHANTS INS. CO
(Dec 29, 2003)