Opinion
2004669KC
Decided May 23, 2005.
Appeal by plaintiffs from an order of the Civil Court, Kings County (R. Garson, J.), entered April 2, 2004, which granted defendant's motion to vacate a default judgment.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Plaintiffs brought this action to recover first-party no-fault benefits for medical services allegedly rendered to their assignor and obtained a default judgment upon defendant's failure to serve an answer. A party seeking to vacate a default judgment must establish a reasonable excuse for the default, a meritorious defense to the underlying action and the absence of willfulness. Although we recognize that "[a]n insurance carrier's delay is insufficient to establish a reasonable excuse for a default" ( Juseinoski v. Board of Educ. of City of New York, 15 AD3d 353, 356 [2nd Dept 2005]; but see Yayin Chu-Reimer v. Metpath, Inc., 227 AD2d 860, 861 [3rd Dept 1996]), on this record, we perceive no abuse of the court's inherent power to vacate its own judgment ( see generally Woodson v. Mendon Leasing Corp., 100 NY2d 62, 68; Ladd v. Stevenson, 112 NY 325, 332), especially where a question of fact has been shown to exist as to whether the claim at the outset was fraudulent ( see CPLR 5015 [a] [3]) and involves a non-covered incident ( Central Gen. Hosp. v. Chubb Group of Ins. Cos., 90 NY2d 195; see A.B. Med. Servs PLLC [Luc] v. Citiwide Auto Leasing, No. 2004-810 K C and A.B. Med. Servs PLLC [Louidins] v. Citiwide Auto Leasing, No. 2004-812 K C [decided herewith]).