Opinion
2001-09938
Submitted December 4, 2002.
January 21, 2003.
In a proceeding to permanently stay arbitration of a claim for uninsured motorist benefits, Herbert Bradham appeals from an order of the Supreme Court, Nassau County (Trainor, R.), dated September 18, 2001, which denied his motion to vacate an order of the same court, dated October 19, 2000, which, upon his default in appearing at a scheduled conference, granted the petition.
Ofshtein Ross, P.C., Brooklyn, N.Y. (Stuart K. Gechlik of counsel), for appellant.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the order dated October 19, 2000, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.
A court may vacate an order entered on default upon a showing by the movant of a reasonable excuse for the default and a meritorious defense (see Galante v. County of Nassau, 293 A.D.2d 568; Sicari v. Hung Yuen Wong, 286 A.D.2d 489; Epps v. LaSalle Bus, 271 A.D.2d 400). The appellant's default in appearing at a scheduled conference was due to reasonable law office failure (see CPLR 2005; Presbyterian Hosp. in City of N.Y. v. New York Cent. Mut. Ins. Co., 277 A.D.2d 299; Burns v. Casale, 276 A.D.2d 734; Parker v. City of New York, 272 A.D.2d 310; Belesi v. Gifford, 269 A.D.2d 552). The appellant promptly moved to cure his default, and there was no delay or prejudice to the petitioner. Additionally, the appellant demonstrated a meritorious defense to the petition for a stay of arbitration (see Matter of Government Empls. Ins. Co. v. Estate of Sosnov, 275 A.D.2d 322; Matter of Eagle Ins. Co. v. Viera, 236 A.D.2d 612; Matter of State-Wide Ins. Co. v. Morales, 204 A.D.2d 336; Matter of Peerless Ins. Co. v. Milloul, 140 A.D.2d 346, 348). Accordingly, the Supreme Court improvidently exercised its discretion in denying the motion to vacate the default in appearing at the conference.
SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.