Romero v. Alezeb Deli Grocery Inc.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 25, 2013, which granted defendant 2024 Second Avenue LLC’s motion to vacate the default judgment entered against it, unanimously affirmed, without costs.

The motion court exercised its discretion in a provident manner in granting defendant’s motion. The unexplained delay of defendant’s insurance broker in forwarding the summons and complaint to defendant’s insurance carrier constituted a reasonable excuse for defendant’s failure to appear (see Castillo v Garzon-Ruiz, 290 AD2d 288, 290 [1st Dept 2002]). Moreover, the…