Narrative Opinion Summary
In an action for recovery of benefits under a no-fault insurance policy, the defendant appeals a portion of a December 9, 1994 order from the Supreme Court, Nassau County, which denied its motion to vacate a default judgment entered on September 22, 1994, due to its failure to answer the complaint. The appellate court affirms the order, citing the defendant's lack of a reasonable excuse for its default and failure to demonstrate a meritorious defense. The denial of the motion to vacate is deemed appropriate in light of these shortcomings. The decision was concurred by Justices Miller, Joy, Hart, and Krausman.
Legal Issues Addressed
Default Judgment in Civil Proceduresubscribe to see similar legal issues
Application: The appellate court affirmed the denial of a motion to vacate a default judgment due to the defendant's failure to provide a reasonable excuse for not answering the complaint.
Reasoning: The appellate court affirms the order, citing the defendant's lack of a reasonable excuse for its default and failure to demonstrate a meritorious defense.
Vacating Default Judgmentsubscribe to see similar legal issues
Application: A motion to vacate a default judgment was denied because the defendant failed to demonstrate a meritorious defense, which is necessary to overturn such a judgment.
Reasoning: The denial of the motion to vacate is deemed appropriate in light of these shortcomings.