VERDE ELECTRIC CORPORATION v. FEDERAL INSURANCE COMPANY


50 A.D.3d 672 (2008)

854 N.Y.S.2d 531

VERDE ELECTRIC CORPORATION, Respondent, v. FEDERAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided April 1, 2008.


Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, the motion of the defendant Federal Insurance Company to vacate the clerk's judgment and, in effect, to compel the plaintiff to accept its answer is granted, the clerk's judgment is vacated, and the answer of the defendant Federal Insurance Company is deemed timely served.

A defendant seeking to vacate a judgment, including a clerk's judgment, entered upon its...

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