Allstate Insurance Company v. Austin
Decision Date | 26 February 2008 |
Docket Number | 2006-11623. |
Citation | 48 A.D.3d 720,2008 NY Slip Op 01688,851 N.Y.S.2d 375 |
Parties | ALLSTATE INSURANCE COMPANY, Respondent, v. DAVID H. AUSTIN et al., Appellants, et al., Defendants. |
Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the plaintiff.
On its renewed motion, the plaintiff demonstrated its entitlement to a default judgment against the defendant David H. Austin (hereinafter the appellant). The plaintiff submitted proof of service of the summons and complaint, proof of the facts constituting its claim, and proof of the appellant's default in answering or appearing (see CPLR 3215 [f]; Grinage v City of New York, 45 AD3d 729 [2007]).
To avoid the entry of a default judgment, the appellant was required to demonstrate a reasonable excuse for his default and a meritorious defense to the action (see Grinage v City of New York, 45 AD3d at 729; Giovanelli v Rivera, 23 AD3d 616 [2005]; Pampalone v Giant Bldg. Maintenance, Inc., 17 AD3d 556, 556-557 [2005]; Ennis v Lema, 305 AD2d 632, 633 [2003]). However he offered no excuse for his default, and moreover, failed to demonstrate a meritorious defense to the...
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