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HERTZ VEHS., LLC v. GEJO, LLC

6619N, 161499/13.

161 A.D.3d 549 (2018)

77 N.Y.S.3d 375

2018 NY Slip Op 03608

Hertz Vehicles, LLC, Appellant, v. Gejo, LLC, et al., Defendants, and Metro Pain Specialists, Professional Corporation, Respondent.

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

Decided May 17, 2018.

"A defendant seeking to vacate a default under [CPLR 5015 (a)] must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action" (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Here, while MPS's initial excuse of law office failure for failing to timely answer may be reasonable, MPS was dilatory in asserting its rights (Hyundai Corp...

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