Practice point: To oppose plaintiff’s motion for leave to enter a default judgment for failing to timely serve an answer, defendant must demonstrate a justifiable excuse for its default and a meritorious defense.
Practitioners should note that defendant's insurance carrier's lengthy delay before defending the action, without more, is insufficient to establish a reasonable excuse.
Case: Leifer v. Pilgreen Corp., NY Slip Op 03872 (2d Dept. 2009)
The opinion is here.
Tuesday’s issue: Family Law.
You will find another instructive case here.
