| May v Hartsdale Manor Owners Corp. |
| 2010 NY Slip Op 03882 [73 AD3d 713] |
| May 4, 2010 |
| Appellate Division, Second Department |
| Keoni May, Appellant, v Hartsdale Manor Owners Corp.,Defendant, and CDT Real Estate Management Corp., Respondent. |
—[*1] Lynch Schwab, PLLC, White Plains, N.Y. (Louis U. Gasparini of counsel), for respondentand defendant Hartsdale Manor Owners Corp.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Westchester County (Liebowitz, J.), entered October 30, 2009, which deniedhis motion for leave to enter judgment on the issue of liability against the defendant CDT RealEstate Management Corp. upon its default in answering, and granted that defendant leave toserve a late answer.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs,and the plaintiff's motion for leave to enter judgment on the issue of liability against thedefendant CDT Real Estate Management Corp. is granted.
To successfully oppose a motion for leave to enter a default judgment based on the failure totimely serve an answer, a defendant must demonstrate a reasonable excuse for its delay and theexistence of a meritorious defense (seeKouzios v Dery, 57 AD3d 949 [2008]; Giovanelli v Rivera, 23 AD3d 616 [2005]; Mjahdi v Maguire, 21 AD3d1067, 1068 [2005]; Thompson vSteuben Realty Corp., 18 AD3d 864, 865 [2005]; Dinstber v Fludd, 2 AD3d 670, 671 [2003]). Here, the defendantCDT Real Estate Management Corp. (hereinafter CDT) attempted to place the blame for itsdefault in answering upon its insurance company. However, CDT already was in default by thetime it finally forwarded the summons and complaint to its insurance broker, and CDT failed tooffer any explanation for this delay. Accordingly, it was an improvident exercise of discretion toexcuse the default of CDT, and to extend its time to serve an answer in the absence of a crossmotion for such relief (see CPLR 2215; Zino v Joab Taxi, Inc., 20 AD3d 521, 522 [2005]; Hosten v Oladapo, 44 AD3d 1006[2007]). Fisher, J.P., Covello, Balkin, Leventhal and Lott, JJ., concur.