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MATTER OF NEW YORK CENTRAL MUTUAL INSURANCE COMPANY v. JOVINE

1 A.D.3d 278 (2003)

767 N.Y.S.2d 436

In the Matter of NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, Respondent, v. ANGELO JOVINE, Respondent, and ALLSTATE INSURANCE, Proposed Additional Respondent-Appellant, et al., Proposed Additional Respondent.

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

November 25, 2003.

The motion is supported by an affirmation of an attorney in the law firm representing appellant, which is made on information and belief and, for an excuse, simply states that appellant's failure to attend the framed issue hearing was due to "miscalendaring." The motion court properly rejected this statement as inexplicably made by a person who lacks personal knowledge of the calendaring of the framed issue hearing, and otherwise lacking the detail necessary to show that...

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