Opinion
January 23, 1990
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
This is a companion case to National Union Fire Ins. Co. v Davis, Wright, Todd, Reise Jones ( 157 A.D.2d 571). Contrary to plaintiff's contention, the trial court exercised proper discretion in denying the motion for a default judgment because defendant presented a reasonable excuse for the default and a prima facie showing of a meritorious defense (Fidelity Deposit Co. v. Andersen Co., 60 N.Y.2d 693, 695). The latter is evident from this court's affirmance of the dismissal of the complaint in the companion case.
Concur — Kupferman, J.P., Ross, Milonas, Rosenberger and Ellerin, JJ.