KACHAR v. BERLIN

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

CPLR 5015(a)(1) provides that a court may relieve a party from a judgment or order on the ground of excusable default if such a motion is made within one year after service of the judgment or order with written notice of entry. Here, it is undisputed that the defendants waited more than a year before they moved to vacate their default. In addition, it is well established that a party seeking to vacate a default in answering must make a showing of a justifiable excuse for the default and a meritorious defense. The defendants' excuse of delay caused by their insurance carrier was insufficient to establish a justifiable excuse (see Hazen v. Bottiglieri, 286 A.D.2d 708; see also Peters v. Pickard, 143 A.D.2d 81).

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.