Opinion
2002-03760
Submitted November 12, 2002.
February 13, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated March 7, 2002, as granted the defendant's motion to vacate an order of the same court dated May 16, 2001, granting the plaintiff's motion for leave to enter judgment upon the defendant's default in appearing or answering.
Tinari, O'Connell Osborn, LLP, Commack, N.Y. (Frank A. Tinari of counsel), for appellant.
Schondebare Brown, LLP, Ronkonkoma, N.Y., for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the order dated May 16, 2001, is reinstated.
It is incumbent upon a defendant moving to vacate a default judgment to show a reasonable excuse for the default and the existence of a meritorious defense (see Koslosky v. Koslosky, 267 A.D.2d 357). The defendant did not offer a reasonable excuse for his default. The only excuse offered for the failure to serve a timely answer and to oppose the plaintiff's motion for leave to enter a default judgment was delay caused by the defendant's insurance carrier, which is insufficient (see Miles v. Blue Label Trucking, 232 A.D.2d 382).
FLORIO, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.