Opinion
2001-02240
Submitted September 26, 2001
November 13, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated January 31, 2001, which, upon the grant of the plaintiffs motion, inter alia, to vacate an order of the same court dated November 8, 2000, granting the defendant's unopposed motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), denied that motion.
Romagnolo Cambio, LLP, Staten Island, N.Y. (Michael Yoeli of counsel), for appellant.
Charles David Segal, New York, N.Y. (Ross T. Herman of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
On a motion to vacate a default pursuant to CPLR 5015(a), a plaintiff must demonstrate a reasonable excuse for the default and a meritorious cause of action ( see, CPLR 5015[a][1]; Waaland v. Weiss, 228 A.D.2d 435). The plaintiff gave a reasonable excuse for his delay in answering the motion for summary judgment ( see, Matter of Kaufman v. Board of Educ. of City School Dist. of City of N.Y., 210 A.D.2d 226). Furthermore, the plaintiff demonstrated that he has a meritorious cause of action ( see, Abedin v. Tynika Motors, 279 A.D.2d 595; Martin v. JL Distribs., 274 A.D.2d 420; Moreno v. Delcid, 262 A.D.2d 464; Petrone v. Thornton, 166 A.D.2d 513).
SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.