Merchants Insurance Co. of New Hampshire, Inc. v. Long Island Pet Cemetery, Inc.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff insurer’s motion for a default judgment against those defendants who failed to appear in this action for a declaratory judgment. A " 'default judgment in a declaratory judgment action will not be granted on the default and pleadings alone for it is necessary that plaintiff establish a right to a declaration against * * * a defendant’ ” (Levy v Blue Cross & Blue Shield, 124 AD2d 900, 902; see, 43 NY Jur 2d, Declaratory Judgments, § 57). Plaintiff failed to establish its right to the declaration sought.…