Majority
p. 428Hempstead General Hospital, Respondent, v Merchant’s Mutual Insurance Co., Appellant. [640 NYS2d 787]
In an action to recover benefits under a policy of no-fault insurance, the defendant appeals from so much of an order of the
p. 429
Supreme 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.
Cases cited
- Fidelity & Deposit Co. v. Arthur Andersen & Co. 60 NY2d 693 at 695 p. 429
- Fennell v. Mason 204 AD2d 599 p. 429