ELITE LIMOUSINE PLUS, INC. v. ALLCITY INSURANCE COMPANY


266 A.D.2d 259 (1999)

698 N.Y.S.2d 251

ELITE LIMOUSINE PLUS, INC., Appellant, v. ALLCITY INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided November 8, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and that branch of the cross motion which was to vacate the default is denied.

Contrary to the determination of the Supreme Court, the defendant Allcity Insurance Company (hereinafter Allcity) completely failed to establish the requisite reasonable excuse for its failure to timely serve an answer in this action (see, CPLR 3012 [d]; Iovine v Caldwell...

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