Fok v. Insurance of North America

In a proceeding pursuant to CPLR article 75 to confirm an arbitrator’s award, the defendant appeals from an order of the Supreme Court, Queens County (Graci, J.), dated February 3, 1988, which denied its motion, inter alia, to vacate its default in responding to the application, and to vacate the arbitrator’s award.

Ordered that the order is affirmed, with costs.

The defendant has not established that its default was excusable and that it has a meritorious defense (CPLR 5015 [a]; Gray v B. R. Trucking Co., 59 NY2d 649, 650). The defendant’s claim that its default was due to law office failure…