PROVIDENT LIFE CASUALTY INS. CO. v. HERSKO

The motion court properly exercised its discretion in finding that defendant showed a reasonable excuse for the default ( see, Hunter v. Enquirer/Star, Inc., 210 A.D.2d 32), and that his affidavit of merit was sufficient ( see, Mufalli v. Ford Motor Co., 105 A.D.2d 642, 643). The record indicates issues as to whether defendant did, in fact, fail to provide accurate, material information that he was under a duty to provide and whether such nondisclosure, if any, affected plaintiffs decision to issue the insurance policy in question ( see, Smirlock Realty Corp. v. Title Guar. Co., 52 N.Y.2d 179, 187).

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Mazzarelli, JJ.