MATTER OF ASTUTO v. STATE FARM MUT. AUTO. INS. CO.


198 A.D.2d 503 (1993)

604 N.Y.S.2d 200

In the Matter of Thomas Astuto, Respondent, v. State Farm Mutual Automobile Insurance Company, Appellant

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

November 29, 1993


Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated May 9, 1991, is granted, that order is vacated, the petition is dismissed, and the petitioner is permanently stayed from proceeding to underinsured motorist arbitration against State Farm Mutual Automobile Insurance Company.

In determining whether to vacate a default, the pertinent considerations are whether the movant has presented a reasonable excuse for its default...

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