VASQUEZ v. 1998 2ND AVENUE ASSOCIATION, LLC


292 A.D.2d 211 (2002)

738 N.Y.S.2d 564

VICTORIA VASQUEZ et al., Appellants, v. 1998 2ND AVENUE ASSOCIATION, LLC, et al., Respondents.

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

Decided March 12, 2002.


The default judgment was properly vacated upon a record showing that defendants promptly forwarded the summons and complaint and the motion for a default judgment to their insurance broker, that the subsequent defaults in answering the complaint and opposing the motion for a default judgment were the broker's fault, and that defendants were not the owner and managing agent of the subject building at the time of the accident (CPLR 2005, 5015 [a] [1]). We think it significant...

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