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ROSATI v. ATL. TRUCK LEASING, INC.

90 A.D.2d 516 (1982)

Theodore A. Rosati, Respondent, v. Atlantic Truck Leasing, Inc., Appellant, et al., Defendant

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

October 18, 1982

Order affirmed, with $50 costs and disbursements.

Plaintiff's action to recover damages for personal injuries was commenced on February 14, 1980. On May 27, 1980 plaintiff notified both appellant and its insurance carrier that the time to answer had expired. A default judgment was granted on August 28, 1980, and the matter was adjourned for an assessment of damages. Before the inquest, appellant's insurance carrier disclaimed liability under the terms and conditions...

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