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FRANKLIN v. WILLIAMS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 1, 2003
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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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