CPLR § 105 Definitions
(u) Verified pleading. A “verified pleading” may be utilized as an affidavit whenever the latter is required.
State Farm Mut. Auto. Ins. Co. v Gueye, 2008 NY Slip Op 52457(U) (App. Term, 2nd)
A party seeking to vacate a default judgment must demonstrate a
reasonable excuse for the default and a meritorious defense to the
action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Jackson-Cutler v Long, 2 AD3d 590 [2003]; Titan Realty Corp. v Schlem,
283 AD2d 568 [2001]). Here, the record indicates that there are two
addresses for defendant in the court's file, one in Detroit and the
other in New York City. Defendant denied receiving the notices to
appear, and it is not clear from the record whether the notices were
sent to defendant at the Detroit or New York City address. Under the
circumstances, the court below did not improvidently exercise its
discretion in finding that defendant's default was not willful.Furthermore, defendant set forth in his verified answer (see CPLR 105 [u]) a potentially meritorious defense (see Montgomery v Cranes, Inc., 50 AD3d 981 [2008]; Hodges v Sidial,
48 AD3d 633 [2008]) that the vehicle driven by plaintiff's subrogor
struck his vehicle. In view of the public policy which favors
resolution of cases on the merits (see Stuart v Kushner, 39 AD3d 535 [2007]; Bell v Toothsavers, Inc., 213 AD2d
199 [1995]), the court below properly granted defendant's motion to vacate the default judgment, and the order is affirmed.
The bold is mine.
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