MAHER v. NATIONWIDE INS. CO.


20 Misc.2d 354 (1959)

Mary M. Maher, as Administratrix of The Estate of Joseph M. Rickard, Deceased, Plaintiff, v. Nationwide Insurance Company et al., Defendants.

Supreme Court, Special Term, Kings County.

September 2, 1959.


Attorney(s) appearing for the Case

James E. Whalen for defendants.

Berger & Peters for plaintiff.


BENJAMIN BRENNER, J.

The defendant, an insurance company, moves to vacate a default judgment and to compel the plaintiff to accept a tardy answer in an action brought to recover the sum agreed upon in settlement of a personal injury suit brought against the defendant's insured. The court is satisfied that the default was not willful in that the 10-day delay in interposing the answer was due to an office oversight. The remaining question is whether the...

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