Opinion
2018-1595 K C
12-13-2019
LVOV ACUPUNCTURE, P.C., as Assignee of Elanda Meade, Appellant, v. AMICA MUTUAL INS. CO., Respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Lawrence N. Rogak, LLC (Lawrence N. Rogak of counsel), for respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant.
Lawrence N. Rogak, LLC (Lawrence N. Rogak of counsel), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ.
ORDERED that the order is affirmed, with $25 costs.
A defendant seeking to vacate a default in appearing or answering based on an excusable default must demonstrate both a reasonable excuse for the default and the existence of a potentially meritorious defense to the action (see CPLR 5015 [a] [1] ; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co. , 67 NY2d 138, 141 [1986] ). The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the motion court (see Matter of Gambardella v. Ortov Light. , 278 AD2d 494 [2000] ).
Contrary to plaintiff's contention, the Civil Court did not improvidently exercise its discretion in finding that defendant had established a reasonable excuse for not timely answering the complaint. Further, defendant demonstrated that it had a potentially meritorious defense.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.