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SCHIFF v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

155 A.D.2d 326 (1989)

Melissa Schiff, Respondent, v. Motor Vehicle Accident Indemnification Corporation et al., Appellants

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

November 16, 1989

Plaintiff commenced this personal injury action against defendant motorists who were later discovered to be uninsured. One year after defendants' failure to appear or answer, the action became subject to dismissal pursuant to CPLR 3215 (c) (Rendelman v Southside Hosp., 141 A.D.2d 521). Plaintiff, however, provided a valid affidavit of merits and a sufficient excuse for her failure to apply for a default judgment for over a year in...

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