| NYU-Hospital for Joint Diseases v Praetorian Ins. Co. |
| 2012 NY Slip Op 06288 [98 AD3d 1101] |
| September 26, 2012 |
| Appellate Division, Second Department |
| NYU-Hospital for Joint Diseases, as Assignee of Gladys Feliz,Appellant, v Praetorian Insurance Company, Respondent. |
—[*1] Law Offices of Moira Doherty, P.C., Bethpage, N.Y. (Janice Rosen and Maureen Knodel ofcounsel), for respondent.
In an action to recover no-fault benefits under a policy of automobile insurance, the plaintiffappeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered March 7,2012, which granted the defendant's motion to vacate a clerk's judgment of the same courtentered December 1, 2011, which, upon the defendant's default in appearing or answering thecomplaint, was in favor of the plaintiff and against the defendant in the sum of $38,645, and tocompel the plaintiff to accept the defendant's answer.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant's motion tovacate the default judgment and to compel the plaintiff to accept its answer (see CPLR3012 [d]). In light of the lack of any prejudice to the plaintiff resulting from the minimal delay inserving an answer to the complaint, the lack of willfulness on the part of the defendant, theexistence of a potentially meritorious defense, and the public policy favoring the resolution ofcases on the merits, the defendant's default in appearing or answering the complaint was properlyexcused (see CPLR 2004; Central Gen. Hosp. v Chubb Group of Ins. Cos., 90NY2d 195, 199 [1997]; Vinny PetullaContr. Corp. v Ranieri, 94 AD3d 751, 752 [2012]; Zeccola & Selinger, LLC v Horowitz, 88 AD3d 992, 993 [2011];Mount Sinai Hosp. v Triboro Coach, 263 AD2d 11, 18-20 [1999]). Angiolillo, J.P.,Balkin, Austin and Miller, JJ., concur.