Opinion
January 6, 2000
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about October 5, 1998, which granted defendant's motion to vacate a default judgment, unanimously affirmed, without costs.
Ephrem Wertenteil for Plaintiff-Appellant.
John M. Denby for Defendant-Respondent.
SULLIVAN, J.P., MAZZARELLI, WALLACH, RUBIN, ANDRIAS, JJ.
Absent any showing of prejudice caused by defendant's 22-day delay in appearing, and in view of defense counsel's diligence once in the case, the motion court properly vacated a default apparently caused by defendant's short delay in forwarding the summons and complaint to the insurer and the insurer's short delay in forwarding the file to defense counsel (see, Barajas v. Toll Bros., 247 A.D.2d 242; Rosa v. 42 Holding Corp., ( 254 A.D.2d 213). A meritorious defense is shown.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.