Westchester Medical Center v. Hartford Casualty Insurance Company

Decision Date27 January 2009
Docket Number2008-08733.
Citation872 N.Y.S.2d 196,2009 NY Slip Op 00528,58 A.D.3d 832
PartiesWESTCHESTER MEDICAL CENTER, as Assignee of DIEDRE WALSH, Appellant, v. HARTFORD CASUALTY INSURANCE COMPANY et al., Respondents.
CourtNew York Supreme Court — Appellate Division

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must demonstrate a reasonable excuse for its delay in appearing and answering, as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Verde Elec. Corp. v Federal Ins. Co., 50 AD3d 672, 672-673 [2008]). Here, the defendants established that their employee reasonably believed that the action had been discontinued after she advised the plaintiff's counsel's office that no-fault benefits had been exhausted, thereby demonstrating a reasonable excuse for the short period of time in which they failed either to appear or to answer the complaint (see New York Univ Hosp. Tisch Inst. v Merchants Mut. Ins. Co., 15 AD3d 554, 554-555 [2005]). In addition, the defendants established that the policy limits had been partially exhausted through the payment of claims for prior services (see 11 NYCRR 65-3.15; Nyack Hosp. v General Motors Acceptance Corp., 8 NY3d 294, 301 [2007]; Montefiore Med. Ctr. v Government Empls. Ins. Co., 34 AD3d 771, 772 [2006]; New York & Presbyt. Hosp. v Allstate Ins. Co., 28 AD3d 528, 528-529 [2006]), thereby demonstrating the existence of a potentially meritorious defense to the action. Finally, the plaintiff did not demonstrate prejudice from the defendants' relatively short delay in appearing and answering, and public policy favors the resolution of cases on the merits (see Verde Elec. Corp. v Federal Ins. Co., 50 AD3d at 673). Under these circumstances, the Supreme Court providently exercised its discretion in granting that branch of the defendants' motion which was to vacate the judgment (see St. Vincent's Hosp. & Med. Ctr. v Allstate Ins. Co., 42 AD3d 525 [200...

To continue reading

Request your trial
11 cases
  • Herzog v. Belizario
    • United States
    • New York Supreme Court
    • March 11, 2016
    ...service of an answer, and "public policy favors the resolution of cases on the merits" ( Westchester Med. Ctr. v. Hartford Cas. Ins. Co., 58 A.D.3d 832, 833, 872 N.Y.S.2d 196 [2d Dept.2009] ; see also Arias v. First Presbyt. Church in Jamaica, 97 A.D.3d 712, 712, 948 N.Y.S.2d 665 [2d Dept.2......
  • Josovich v. Ceylan
    • United States
    • New York Supreme Court — Appellate Division
    • November 4, 2015
    ...service of an answer (see Arias v. First Presbyt. Church in Jamaica,97 A.D.3d 712, 948 N.Y.S.2d 665; Westchester Med. Ctr. v. Hartford Cas. Ins. Co.,58 A.D.3d 832, 872 N.Y.S.2d 196). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the defendants......
  • Bardes v. Pintado
    • United States
    • New York Supreme Court — Appellate Division
    • March 26, 2014
    ...v. Collazo, 65 A.D.3d 1213, 885 N.Y.S.2d 424;Zimet v. Bufano, 65 A.D.3d 1037, 884 N.Y.S.2d 880;Westchester Med. Ctr. v. Hartford Cas. Ins. Co., 58 A.D.3d 832, 872 N.Y.S.2d 196). The defendants further established that they possessed a potentially meritorious opposition to the plaintiffs' mo......
  • Dimitriadis v. Visiting Nurse Serv. of N.Y.
    • United States
    • New York Supreme Court — Appellate Division
    • May 24, 2011
    ...902, 889 N.Y.S.2d 223; Klughaupt v. Hi–Tower Contrs., Inc., 64 A.D.3d 545, 546, 882 N.Y.S.2d 313; Westchester Med. Ctr. v. Hartford Cas. Ins. Co., 58 A.D.3d 832, 832–833, 872 N.Y.S.2d 196; Moore v. Day, 55 A.D.3d 803, 804, 866 N.Y.S.2d 303). Contrary to the plaintiffs' contentions, the Supr......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT