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CARLOS PEREZ v. TRAVCO INSURANCE COMPANY

44 A.D.3d 738 (2007)

843 N.Y.S.2d 390

JUAN CARLOS PEREZ, Respondent, v. TRAVCO INSURANCE COMPANY, Appellant.

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

Decided October 9, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, the plaintiff's motion for leave to enter a judgment against the defendant upon its failure to appear or answer the complaint is denied, the defendant's cross motion to vacate its default and to compel the plaintiff to accept its verified answer is granted, and the verified answer is deemed timely served.

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