Thompson v. County of Suffolk
Opinion of the Court
In an action to recover damages for negligence and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated February 26, 2008, as denied that branch of her motion which was for leave to enter judgment against the defendant County of Suffolk on the issue of liability, upon its failure to appear or answer the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
A defendant who has failed to appear or answer the complaint must provide a reasonable excuse for the default and demonstrate the existence of a meritorious defense to the action to avoid the entry of a default judgment (see CPLR 5015 [a] [1];
Case-law data current through December 31, 2025. Source: CourtListener bulk data.