NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. DIAMOND


39 A.D.3d 360 (2007)

833 N.Y.S.2d 99

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. WAYNE DIAMOND, Respondent.

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

Decided April 19, 2007.


The record discloses that plaintiff allowed the case to lie dormant for almost ten years, and that when the case was finally to be tried defendant's health had so deteriorated that he was unable to communicate effectively with counsel. Defendant adequately demonstrated, through the sworn affidavit of his doctor, that his default was due to extreme anxiety and depression during the relevant period. Defendant has also adequately demonstrated the meritorious nature of his defense...

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