Opinion
July 8, 1985
Appeal from the Supreme Court, Nassau County (Vitale, J.).
Order affirmed, insofar as appealed from, with costs.
Based upon the circumstances of this case, Special Term did not abuse its discretion in excusing plaintiff's failure to enter a default judgment and by directing the appellant to belatedly answer the plaintiff's complaint (CPLR 3215 [c]). Plaintiff demonstrated sufficient cause for his delay in entering a default judgment including numerous letters to the appellant, its insurance carrier and the New York State Insurance Department concerning this matter, and demonstrated a meritorious cause of action ( cf. Herzbrun v. Levine, 23 A.D.2d 744). Mollen, P.J., Bracken, Niehoff and Rubin, JJ., concur.