JOLICOEUR v. CLINTON CO-OPERATIVE INS. CO. OF WADHAMS


50 A.D.2d 621 (1975)

Joseph Jolicoeur, Appellant, v. Clinton Co-operative Insurance Company of Wadhams, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 6, 1975


Defendant moved to be relieved of its default promptly after discovering that a judgment had been obtained against it by reason of its failure to file a notice of appearance and it sufficiently alleged a meritorious defense to the action. Furthermore, its default was not deliberate or willful and plaintiff has not been unduly prejudiced. Under the circumstances presented, granting the motion to open the default was a matter within...

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