Avery v. Caldwell

Order, Supreme Court, New York County (Leland G. De-Grasse, J.), entered June 13, 2007, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.

A reasonable excuse for the default is demonstrated by the affirmations of defendant’s attorney and his physician, which together are adequate to show that illness prevented the attorney from preparing an answer over the period of delay (see Embraer Fin. Ltd. v Servicios Aereos Profesionales, S.A., 42 AD3d 380 [2007]). Defendant has put forward a meritorious defense in its proposed verified answer and…