Opinion
Submitted October 10, 2001
November 5, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated May 31, 2001, which, upon reargument, inter alia, granted the plaintiff's motion for leave to enter a judgment upon his failure to appear or answer.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N Y (Gregory S. Katz and Meredith Drucker of counsel), for appellant.
Huttner, Mingino Budashewitz (Lee Michael Huttner and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Julie T. Mark and Brian J. Isaac] of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
It is well settled that a defendant seeking to successfully oppose a motion for leave to enter a judgment upon the failure to serve an answer must demonstrate a reasonable excuse for his delay and the existence of a meritorious defense (see, Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508). The defendant failed to demonstrate either element (see, Miles v. Blue Label Trucking, 232 A.D.2d 382; Martyn v. Jones, 166 A.D.2d 508; Peters v. Pickard, 143 A.D.2d 81; see also, Jeremic v. Tong, 283 A.D.2d 461; Guinan v. Suhak Lee, 279 A.D.2d 507), and the Supreme Court, therefore, upon reargument, properly granted the plaintiff's motion.
SANTUCCI, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.