CORSARO v. LUSTER


28 Misc.2d 583 (1960)

Barbara Corsaro, an Infant, by Nettie Corsaro, Her Guardian ad Litem, et al., Appellants, v. Susan Luster, Respondent.

Supreme Court, Appellate Term, First Department.

November 23, 1960


Attorney(s) appearing for the Case

Robert I. Mandel for appellants. Leon Samuels, Harry Rodwin and Richard Rodwin for respondent. Mendes & Mount (John J. Cullen of counsel), for Orion Insurance Co., Ltd., appearing specially.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

Defendant after service of the summons and complaint failed to appear or answer and an inquest was taken. On motion to open the default it appears that defendant claims to have turned the process over to her insurance carrier and believed it was defending the action. Without passing on the merits of this claim as an excusable neglect it cannot be availing here. Prior to moving for judgment and taking the inquest, plaintiff notified defendant by...

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