Opinion
2006-1960 K C.
Decided on August 19, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered August 24, 2006. The order granted defendant's motion to vacate a default judgment.
Order reversed without costs and defendant's motion to vacate the default judgment denied.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
In order to vacate the default judgment entered in this action to recover assigned first-party no-fault benefits, defendant was required to establish, pursuant to CPLR 5015 (a) (1), both a reasonable excuse for the default and a meritorious defense ( see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141). We find that there is no support in the record for the determination that defendant had a reasonable excuse for the default, as the only proffered excuse was set forth by defendant's attorney, who did not allege personal knowledge of his assertions. Consequently, the court improvidently exercised its discretion in granting defendant's motion. We pass on no other issue.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.