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ALLYSON FRANKLIN, ET AL., Appellants, v. R.L. WILLIAMS, JR., Respondent.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

It is well established that a party seeking to vacate a default in answering must demonstrate a justifiable excuse for the default and a meritorious defense ( see Hazen v. Bottiglieri, 286 A.D.2d 708; Miles v. Blue Label Trucking, 232 A.D.2d 382). The only excuse offered for failure to serve a timely answer was delay caused by the defendants' insurance carrier. This was insufficient ( see Hazen v. Bottiglieri, supra; Miles v. Blue Label Trucking, supra).

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

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FRANKLIN v. WILLIAMS
(Dec 1, 2003)