Opinion
March 21, 1994
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
"The decision as to the setting aside of a default in appearing and answering is generally left to the sound discretion of the Supreme Court * * * the exercise of which will generally not be disturbed if there is support in the record therefor" (Mondrone v. Lakeview Auto Sales Serv., 170 A.D.2d 586). A defendant moving to vacate a default in answering must present a reasonable excuse for the delay and a meritorious defense (see, Brosnan v Behette, 186 A.D.2d 165). We are satisfied that the defendant Stiftung in the present case provided a reasonable excuse for his delay in answering. Further, contrary to the plaintiffs' contentions, the record demonstrates that he has met the requirement of establishing a meritorious defense by affidavit of a person with sufficient knowledge of the facts (see, Fidelity Deposit Co. v. Andersen Co., 60 N.Y.2d 693). Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.