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MONTEFIORE MEDICAL CENTER v. AUTO ONE INSURANCE COMPANY

57 A.D.3d 958 (2008)

871 N.Y.S.2d 285

MONTEFIORE MEDICAL CENTER et al., Respondents, v. AUTO ONE INSURANCE COMPANY, Appellant.

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

December 30, 2008.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion pursuant to CPLR 5015 (a) (1) to vacate a judgment entered upon its default in appearing or answering the complaint since it failed to demonstrate a reasonable excuse for the default (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]; Giovanelli v Rivera,<...

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