Appellate Division of the Supreme Court of New York, 1996

Hempstead General Hospital v. Merchant's Mutual Insurance

Hempstead General Hospital v. Merchant's Mutual Insurance
Appellate Division of the Supreme Court of New York · Decided April 8, 1996
226 A.D.2d 428; 640 N.Y.S.2d 787; 1996 N.Y. App. Div. LEXIS 3547
Hempstead General Hospital v. Merchant's Mutual Insurance

Opinion of the Court

In an action to recover benefits under a policy of no-fault insurance, the defendant appeals from so much of an order of the *429Supreme Court, Nassau County (DiNoto, J.), dated December 9, 1994, as denied its motion to vacate a judgment dated September 22, 1994, entered upon its default in answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to present a reasonable excuse for its default and failed to establish a meritorious defense. Thus, its motion to vacate the judgment entered upon its default in answering the complaint was properly denied (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693, 695; Fennell v Mason, 204 AD2d 599). Miller, J. P., Joy, Hart and Krausman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.