SOUND SHORE MEDICAL CENTER v. LUMBERMENS MUTUAL CASUALTY COMPANY (2006)

In an action to recover no-fault medical payments, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated December 8, 2005, as granted that branch of the defendant's motion which was to vacate a clerk's judgment of the same court entered June 16, 2005, upon its failure to appear or answer.

ORDERED that the order is affirmed insofar as appealed from, with costs.

 A party seeking to vacate a judgment entered on default must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action (see CPLR 5015[a][1];  Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141, 501 N.Y.S.2d 8, 492 N.E.2d 116).   The defendant established a reasonable excuse for the delay in serving its answer by submitting an affidavit from its employee attesting to a clerical error regarding the delay in forwarding the summons and complaint to its attorney and in answering the complaint (see Triangle Transp. v. Markel Ins. Co., 18 A.D.3d 229, 794 N.Y.S.2d 363;  Burgos v. Allcity Ins. Co., 272 A.D.2d 195, 707 N.Y.S.2d 438).   Moreover, that affidavit established that the default was not willful or deliberate, and there was no showing of prejudice to the plaintiff (see Gaylord v. Serafino, 274 A.D.2d 547, 715 N.Y.S.2d 854;  Murphy v. D.V. Waste Control Corp., 124 A.D.2d 573, 507 N.Y.S.2d 717;  Foglia v. Fashion Floors, 79 A.D.2d 598, 433 N.Y.S.2d 506).   Furthermore, the defendant made a prima facie showing of a meritorious defense (see 11 NYCRR 65-1.1;  St. Vincent's Hosp. & Med. Ctr. v. Country Wide Ins. Co., 24 A.D.3d 748, 809 N.Y.S.2d 88, lv. denied 7 N.Y.3d 702, 818 N.Y.S.2d 192, 850 N.E.2d 1167;  65 N. 8 St. HDFC v. Suarez, 18 A.D.3d 732, 795 N.Y.S.2d 724;  Anamdi v. Anugo, 229 A.D.2d 408, 644 N.Y.S.2d 804).   Accordingly, the Supreme Court providently exercised its discretion in granting that branch of the defendant's motion which was to vacate the clerk's judgment entered against it upon its failure to appear or answer (see Harcztark v. Drive Variety, 21 A.D.3d 876, 800 N.Y.S.2d 613).