Practice point: A defendant who has failed to appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action to avoid the entering of a default judgment or to extend the time to answer.
Student note: Defendants’ contention that their insurance company delayed in informing them that it would not defend them is an insufficient excuse for their default.
Case: Integon Natl. Ins. Co. v. Noterile , NY Dept. 2011
Monday’s issue: Labor Law.
