BARAJAS v. TOLL BROS., INC.


247 A.D.2d 242 (1998)

669 N.Y.S.2d 35

Francisco Barajas et al., Respondents, v. Toll Brothers, Inc., Also Known as Toll Bros., Inc., Appellant, et al., Defendants

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

February 10, 1998


Plaintiff commenced this personal injury action by summons and complaint served on defendant on or about September 30, 1996. On or about October 2, 1996, defendant forwarded the summons and complaint to its carrier, General Accident Insurance. The carrier, though, failed to contact its attorney, with the consequence that defendant unknowingly remained unrepresented, the complaint was not answered and a default was entered on December 11, 1996. Plaintiff's own evidence indicates...

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