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ANTHONY WARN, appellant, v. SEUNG K. CHOI-LEE, ET AL., respondents.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest on damages.

A party seeking to vacate a default in answering or appearing must make a showing of 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 timely serve an answer was delay caused by the defendants' insurance carrier, which is insufficient (see, Hazen v. Bottiglieri, supra).

RITTER, J.P., FEUERSTEIN, O'BRIEN, H. MILLER and TOWNES, JJ., concur.

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WARN v. CHOI-LEE
(Feb 19, 2002)