Smith v. Alhamdou

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about April 18, 2000, which, in an action for personal injuries sustained in a car accident in which the car operated by defendant was owned by a car rental company, granted defendant’s motion to vacate a default judgment against him, unanimously affirmed, without costs.

The car rental company’s insurer provides a reasonable excuse for the failure to timely appear. It explained that defendant was neither the renter nor an authorized driver of the car involved in the accident, and that it had no notice of the action until…