PRICE v. POLISNER


172 A.D.2d 422 (1991)

Andrew Price, Appellant, v. Stuart B. Polisner, Respondent

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

April 25, 1991


Defendant has met his burden of demonstrating both a reasonable excuse for the default and a meritorious defense to the action. The record demonstrates that defendant forwarded the summons and complaint to his insurance carrier promptly upon receipt. Although defendant's carrier initially denied coverage, it eventually determined to defend the action on defendant's behalf. At the time, the employee handling defendant's action ceased...

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