LATHA RESTAURANT CORP. v. TOWER INSURANCE COMPANY


285 A.D.2d 437 (2001)

728 N.Y.S.2d 45

LATHA RESTAURANT CORP., Appellant, v. TOWER INSURANCE COMPANY, Respondent.

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

Decided July 26, 2001.


This is an action to recover on a policy of insurance for a November 1993 destruction by fire of plaintiff's restaurant. Commenced in November 1995, this action was dismissed in September 1999 based on plaintiff's failure to appear on a calendar call. Plaintiff did not receive notice of the conference, was not advised of the dismissal and was not served the order with notice of entry by defendant. Upon learning of the dismissal, plaintiff promptly moved to vacate the order...

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