Practice point: A defendant seeking to vacate its default in appearing or answering must offer a reasonable excuse for the default and demonstrate a meritorious defense to the complaint.
Practitioners should note that an excuse that the insurer took more than one year in providing a defense is insufficient.
Case: Kramer v. Oil Services, Inc., NY Slip Op 06121 (2d Dept. 2009).
The opinion is here.
Tomorrow’s issue: Arbitration.
