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ROSA v. 42 HOLDING CORP.

254 A.D.2d 213 (1998)

679 N.Y.S.2d 573

Juana Rosa, Respondent, v. 42 Holding Corp., Appellant. Juana Rosa, Appellant, v. 42 Holding Corp., Respondent

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

October 27, 1998

The six-month delay in defendant's appearance did not prejudice plaintiff so as to preclude vacatur of a default caused by defendant's insurer's failure to interpose an answer while also failing to disclaim coverage (see, Price v Polisner, 172 A.D.2d 422; see also, Barajas v Toll Bros., 247 A.D.2d 242). Meritorious defenses...

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