MENDOZA v. BI-COUNTY PAVING


227 A.D.2d 302 (1996)

642 N.Y.S.2d 884

Antonia Mendoza, Appellant, v. Bi-County Paving, Respondent

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

May 23, 1996


The IAS Court properly treated defendant's motion for leave to serve a late answer as one to vacate its default, where defendant had not received notice of the motion for a default judgment or of the ensuing order, and where the parties had adequate opportunity to address the issues relevant to vacatur. Defendant offered a reasonable excuse for its default, namely, that its broker misdirected the complaint to the wrong insurer, that its insurer then misplaced it, that settlement...

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