Opinion
2001-03015
Argued December 11, 2001.
January 14, 2002.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the additional respondent American Home Assurance Co. appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated February 22, 2001, as, in effect, upon reargument, adhered to a prior determination of the same court, dated September 20, 2000, denying its motion to vacate a judgment of the same court, entered August 11, 2000, granting the petition and permanently staying arbitration upon its default in appearing and the presentation of a prima facie case at a hearing.
Fiedelman McGaw, Jericho, N.Y. (Andrew Zajac of counsel), for additional respondent-appellant.
Kenneth Adler, Melville, N.Y., for petitioner-respondent.
Before: DAVID S. RITTER, ACTING P.J., NANCY E. SMITH, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly treated the appellant's supplemental petition as a motion for leave to reargue, and, upon reargument, properly adhered to its original determination after reviewing the merits (see, Caccioppoli v. Long Is. Jewish Med. Ctr., 271 A.D.2d 565).
To vacate a default, a defendant must establish both a reasonable excuse for the default and a meritorious defense (see, Westchester County Med. Ctr v. Allstate Ins. Co., 283 A.D.2d 488; Greene v. New York City Hous. Auth., 283 A.D.2d 458; Matter of AIU Ins. Co. v. Fernandez, 281 A.D.2d 542; Poincy v. White Bus Co., 278 A.D.2d 467).
The Supreme Court properly denied the motion since the appellant failed to proffer a meritorious defense (see, Greene v. New York City Hous. Auth., supra). Contrary to its contention, it failed to overcome the prima facie case that the petitioner presented at a hearing (see, Matter of Globe Indemn. Co. v. Lawrence, 210 A.D.2d 334; Matter of Wausau Ins. Co. v. Predestin, 114 A.D.2d 900).
RITTER, ACTING P.J., SMITH, ADAMS and COZIER, JJ., concur.