Opinion
15199 Index No. 158558/19 Case No. 2021-01587
02-01-2022
Robert SAVAGE, Plaintiff–Appellant, v. Shaun BARON, Defendant–Respondent.
Morton Povman, P.C., Forest Hills (Bruce S. Povman of counsel), for appellant. Law Offices of Jennifer S. Adams, Yonkers (Ronese R. Brooks of counsel), for respondent.
Morton Povman, P.C., Forest Hills (Bruce S. Povman of counsel), for appellant.
Law Offices of Jennifer S. Adams, Yonkers (Ronese R. Brooks of counsel), for respondent.
Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.
Order, Supreme Court, New York County (Lisa S. Headley, J.), entered April 22, 2021, which denied plaintiff's motion for a default judgment, unanimously affirmed, without costs.
Defendant demonstrated a reasonable excuse for his failure to answer the complaint and a potentially meritorious defense to the action (see New Media Holding Co. LLC v. Kagalovsky, 97 A.D.3d 463, 465, 949 N.Y.S.2d 22 [1st Dept. 2012] ). Defendant's excuse, that he was unaware of this action, which was commenced by service on the Secretary of State (see Vehicle and Traffic Law §§ 253 ; 254), is supported by plaintiff's own papers, which show that the envelope containing the summons and complaint mailed to defendant was returned as "unclaimed." As to his defense, defendant contended that the accident was caused by plaintiff's negligence in suddenly merging into his lane of traffic.