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SCOTT v. FONTANA

268 A.D.2d 237 (2000)

700 N.Y.S.2d 689

ANDREW SCOTT, Appellant, v. FRANCO FONTANA, Respondent.

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

Decided January 6, 2000.

Absent any showing of prejudice caused by defendant's 22-day delay in appearing, and in view of defense counsel's diligence once in the case, the motion court properly vacated a default apparently caused by defendant's short delay in forwarding the summons and complaint to the insurer and the insurer's short delay in forwarding the file to defense counsel (see, Barajas v Toll Bros., 247 A.D.2d 242; Rosa v 42 Holding Corp.,

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