FID. & DEPOSIT CO. OF MARYLAND v. ARTHUR ANDERSEN & CO.


60 N.Y.2d 693 (1983)

Fidelity and Deposit Company of Maryland, Appellant, v. Arthur Andersen & Co., Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1983.


Attorney(s) appearing for the Case

William Hart, Robert Beau Leonard, Steven Gutman and Jan P. Ryan for appellant.

Edward J. Ross for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

Whether Special Term's vacatur of defendant's default in answering was an abuse of discretion as a matter of law is a question of law reviewable by certified question (Barasch v Micucci, 49 N.Y.2d 594

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