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Natanel v. Plaza Ins. Co.
Citation: 2021 NY Slip Op 07005Docket: 2019-04076
Court: Appellate Division of the Supreme Court of the State of New York; December 14, 2021; New York; State Appellate Court
Original Court Document: View Document
In the case of Natanel v. Plaza Insurance Company (2021 NY Slip Op 07005), the Appellate Division, Second Department, affirmed a February 21, 2019 order from the Supreme Court of Kings County, which granted Plaza Insurance's motion to vacate a default judgment entered on August 7, 2018, against the company for failing to respond to a complaint alleging breach of an automobile insurance contract. The plaintiff, Yariv Natanel, had obtained a default judgment for $272,054.22 after Plaza Insurance did not appear. To vacate the default judgment under CPLR 5015(a)(1), the defendant needed to demonstrate a reasonable excuse for the default and a potentially meritorious defense. The court found that Plaza Insurance provided a reasonable excuse, considering the absence of prejudice to Natanel and the public policy favoring resolution on the merits. Furthermore, Plaza Insurance presented evidence suggesting it did not insure the vehicle in question, which constituted a potentially meritorious defense. The appellate court ruled that the Supreme Court appropriately exercised its discretion in vacating the judgment, and dismissed the defendant's remaining arguments as either improperly raised or without merit. The decision reinforces the principles of allowing parties to defend their cases on the merits when justified.