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BURGOS v. PULSE COMBUSTION, INC.

222 A.D.2d 342 (1995)

635 N.Y.S.2d 603

Maximino Burgos et al., Appellants, v. Pulse Combustion, Inc., et al., Defendants, and Ms Housing Associates, Respondent. (And a Third-Party Action.)

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

December 21, 1995

Defendant offered a reasonable excuse for its default, namely, that its insurer failed to answer the complaint because of an erroneous belief that it did not insure defendant and that due to a change of address of which its agent for service of process was unaware, it never received notice of either the original motion seeking a default judgment or the order granting the default with notice of entry (cf., Cipriano v Hank, 197 A.D.2d 295...

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