Opinion
Submitted September 6, 2000.
October 2, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated December 17, 1999, which denied her motion for leave to enter a judgment in her favor on the issue of liability upon the defendant's default in appearing or answering.
Gary E. Rosenberg, P.C., Forest Hills, N.Y. (Harvey L. Woll of counsel), for appellant.
Maloof, Lebowitz, Connahan Oleske, New York, N.Y. (Charles J. Gayner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages.
The Supreme Court improperly denied the plaintiff's motion for leave to enter a judgment in her favor on the issue of liability upon the defendant's default in appearing or answering. The defendant failed to demonstrate either a reasonable excuse for the delay in serving its answer or a meritorious defense in opposition to the plaintiff's motion (see, Feiger v. Milgrom, 270 A.D.2d 452; Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508; Pumarejo-Garcia v. McDonough, 242 A.D.2d 374).