Opinion
2009-2356 Q C.
Decided January 10, 2011.
Appeal from an order of the Civil Court of the City of New York, Queens County (Thomas D. Raffaele, J.), entered June 9, 2009. The order granted defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ.
Upon a review of the record in this subrogation action to recover for property damage sustained by plaintiff's subrogor's vehicle as a result of the alleged negligent operation of defendant's vehicle, we find that the Civil Court did not improvidently exercise its discretion in granting defendant's motion to vacate the default judgment which had been entered against defendant upon his counsel's failure to timely answer the complaint. Defendant demonstrated a reasonable excuse for the default and a meritorious defense ( see CPLR 5015 [a] [1]; Eugene DiLorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141). Accordingly, the order is affirmed.
Golia, J.P., Pesce and Steinhardt, JJ., concur.