In Government Empls. Ins. Co. v. Parking Sys. Valet Serv., 24 Misc 3d 134[A] 2009 NY Slip Op 51401[U] plaintiff commenced a subrogation action in August 2002 against defendant. The defendant served an answer in December 2012 but did not file an answer with the Suffolk District Court. In November 2003, the Suffolk District Court dismissed the action as abandoned pursuant to CPLR 3215(a) based upon plaintiff's failure to enter a default judgment within one year after defendant's failure to file its answer with the District Court. In December 2005, plaintiff responded to defendant's discovery requests. In November 2007, plaintiff filed its notice of trial, when plaintiff learned that the case had been dismissed. In October 2008, plaintiff moved to vacate the dismissal of the action and restore the case to the trial calendar. However, no affidavit of merit was submitted in support of the motion. The District Court in Government Empls. Ins. Co. granted plaintiff's motion to restore the case to the calendar. The Appellate Term reversed because no affidavit of merit was submitted. The Appellate Term noted that to vacate the default, an affidavit of merit and a reasonable excuse for the delay must be presented.