BROADHOLLOW BUILDERS, INC. v. HARTFORD FIRE INS. CO.


178 A.D.2d 284 (1991)

Broadhollow Builders, Inc., Appellant, v. Hartford Fire Insurance Company, Defendant, G.A. Insurance Company of New York, Respondent, and A.J. Bonocore Agency, Inc., Appellant

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

December 17, 1991


A review of the record shows both that the lateness was due to a law office failure that was neither willful nor prejudicial, and the existence of a meritorious defense on the question of damage. Accordingly, the IAS court, noting the strong policy in favor of resolving actions on the merits, did not abuse its discretion in vacating the default (Scott v Allstate Ins. Co., 124 A.D.2d 481...

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