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MATTER OF ALLSTATE INSURANCE COMPANY v. REILLY

15 A.D.3d 191 (2005)

789 N.Y.S.2d 128

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. PETER J. REILLY, Appellant, and AETNA INSURANCE COMPANY, Also Known as TRAVELERS CASUALTY & SURETY COMPANY, Respondent.

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

February 3, 2005.

The insured asserts that he defaulted on Allstate's July 1995 application to stay the arbitration because he was then unable to counter Allstate's claim, based on a police accident report, that the offending vehicle was insured by Aetna. The insured's instant motion to vacate that default, made in August 2003, is based on newly discovered evidence (CPLR 5015 [a] [2]) of the offending vehicle's uninsured status, to wit, a June 2003 Suffolk County judgment dismissing a direct...

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