PARKER v. IESI N.Y. CORPORATION


276 A.D.2d 449 (2000)

715 N.Y.S.2d 50

LEONARD PARKER, Appellant, v. IESI N. Y. CORPORATION, Defendant, and PAUL D. SCHLEGEL, Respondent.

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

Decided October 31, 2000.


While defendant Schlegel, apparently through some oversight of his insurer, failed to timely answer the complaint, his insurer had entered into settlement negotiations with plaintiff, who was thus aware that Schlegel, far from being willfully unresponsive to the complaint, was attempting to resolve the matter and was prepared to mount a defense in the event that a settlement could not be reached. Because plaintiff, under these circumstances, sustained no prejudice by reason...

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