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ST. BARNABAS HOSP. v. ALLSTATE INS. CO.

2008-09471.

66 A.D.3d 996 (2009)

887 N.Y.S.2d 657

2009 NY Slip Op 7824

ST. BARNABAS HOSPITAL, as Assignee of PATRICK BATEMAN, Respondent, et al., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided October 27, 2009.

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

A defendant seeking to vacate a judgment entered upon its default in appearing or answering the complaint must demonstrate a reasonable excuse for its delay in appearing or answering, as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Westchester Med. Ctr. v Hartford Cas. Ins. Co., 58 A.D.3d 832, 832 [2009]; Verde Elec....

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