ALLSTATE INSURANCE COMPANY v. FAZIO


276 A.D.2d 653 (2000)

715 N.Y.S.2d 855

ALLSTATE INSURANCE COMPANY, Appellant, v. RAYMOND J. FAZIO, Respondent.

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

Decided October 23, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

In moving to vacate its default in opposing the defendant's motion to dismiss the instant action for a trial de novo, Allstate Insurance Company (hereinafter Allstate) appended to its motion papers a copy of the policy allegedly issued to the defendant. Allstate also proffered a certification by one of its employees that the appended policy was the defendant's policy on the date of his accident...

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