Opinion
2008-149 Q C.
Decided February 13, 2009.
Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered September 21, 2007. The order granted a motion by defendant Sergio A. Jones to vacate a default judgment as against him.
Order reversed without costs and motion by defendant Sergio A. Jones to vacate the default judgment as against him denied.
PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.
In this subrogation action, a default judgment was entered in favor of plaintiff. Defendant Sergio A. Jones moved to vacate the default judgment insofar as it was against him. The court below granted Jones' motion, and this appeal by plaintiff ensued.
A party seeking to vacate a default judgment must demonstrate a reasonable excuse for the default and a meritorious defense to the action ( see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141; Jackson-Cutler v Long , 2 AD3d 590 ; Titan Realty Corp. v Schlem, 283 AD2d 568). Defendant Jones proffered a reasonable excuse for his default ( see Birky v Katsilogiannis , 37 AD3d 631 ; Vollaro v Bevilacqua , 33 AD3d 910 ). However, he failed to establish a meritorious defense to the action ( see Thakurdyal v 341 Scholes St., LLC , 50 AD3d 889 ; Capitol One Bank v Erhabor , 20 Misc 3d 132[A], 2008 NY Slip Op 51455[U] [App Term, 2d 11th Jud Dists 2008]). His defense was premised upon his contention that he was unaware that his employer had cancelled the applicable insurance policy. Jones failed to make any showing that he was not responsible for the underlying motor vehicle accident. Consequently, the order is reversed and the motion by Sergio A. Jones to vacate the default judgment insofar as it was against him is denied.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.