Legal Opinion
Westchester Medical Center v. Philadelphia Indemnity Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 5 opinions
1Opinion of the Court
A defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must demonstrate a reasonable excuse for its delay in appearing and answering, as well as the existence of a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Verde Elec. Corp. v *614Federal Ins. Co., 50 AD3d 672, 672-673 [2008]). The Special Deputy Superintendent of the State of New York Insurance Department acknowledged service upon him of the summons and complaint in this matter and notified the defendant,…
2Cases cited11 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- St. Vincent's Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
- Nyack Hospital v. General Motors Acceptance Corp.New York Court of Appeals · 2007
- Verde Electric Corp. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Clarke v. Liberty Mutual Fire Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Wells Fargo Bank, N.A. v. KraussAppellate Division of the Supreme Court of the State of New York · 2015
- ALFA Med. Supplies, Inc. v. Allstate Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
- People's United Bank v. Latini Tuxedo Management, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- People's United Bank v. Latini Tuxedo Management, LLCAppellate Division of the Supreme Court of the State of New York · 2012