PIRES v. ORTIZ


18 A.D.3d 263 (2005)

795 N.Y.S.2d 9

SHERRIL PIRES et al., Respondents, v. ALEXIS ORTIZ et al., Appellants.

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

May 10, 2005.


The motion court properly rejected defendants' claim that they reasonably believed that at all relevant times the action, commenced in June 2000, was being defended by their insurance carrier. It appears that several weeks after defendants mailed the summons and complaint to the carrier as instructed by their insurance broker, the documents were returned to them in the same envelope in which they were sent, albeit stamped "Received." Thereafter, in October 2000, defendants...

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