STEWART v. STATE FARM MUT. AUTO. INS. CO.


71 A.D.2d 705 (1979)

Robert S. Stewart, Respondent, v. State Farm Mutual Automobile Insurance Company, Appellant, et al., Defendant

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

July 5, 1979


On August 17, 1978, plaintiff commenced the present action seeking a declaratory judgment declaring that a certain insurance policy insuring plaintiff's vehicle and issued by appellant was in full force and effect on May 31, 1978 on which day said vehicle was involved in an accident. Following appellant's failure to answer, plaintiff obtained a default judgment against appellant. Shortly thereafter, appellant, by order to show cause, moved for leave to serve an answer. Special...

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