WESTCHESTER MEDICAL CENTER v. PHILADELPHIA INDEMNITY INSURANCE COMPANY

2009-03450

69 A.D.3d 613 (2010)

892 N.Y.S.2d 484

2010 NY Slip Op 138

WESTCHESTER MEDICAL CENTER, as Assignee of Bernard Porter, Appellant, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Respondent.

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

Decided January 5, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, the defendant's motion to vacate the clerk's judgment is denied, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits of the plaintiff's motion to hold the defendant in contempt.

A defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must...

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