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MILLER v. MACK

2010-11297

90 A.D.3d 1003 (2011)

934 N.Y.S.2d 841

2011 NY Slip Op 9604

RODNEY MILLER, Appellant, v. DELORES MACK et al., Defendants. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Nonparty Respondent.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the cross motion of the nonparty Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) to vacate the order dated November 16, 2005, entered upon its default. MVAIC succeeded in establishing a reasonable excuse for its default in opposing the underlying motion to compel it to provide a defense and indemnification to the defendants...

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