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HOSPITAL FOR JOINT DISEASES v. ALLSTATE INSURANCE COMPANY

283 A.D.2d 609 (2001)

725 N.Y.S.2d 234

HOSPITAL FOR JOINT DISEASES, as Assignee of MICHAEL KLEBER, et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a judgment entered upon its default in answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Manigat v Louis, 262 A.D.2d 289). Generally, the decision as to the setting aside of a default in answering is left to the sound discretion of the Supreme...

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