DINSTBER v. ALLSTATE INS. CO.

513007.

96 A.D.3d 1198 (2012)

946 N.Y.S.2d 693

2012 NY Slip Op 4805

GEORGE C. DINSTBER III, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

June 14, 2012.


Stein, J.

Plaintiff commenced this action in July 2008 for, among other things, breach of contract arising out of a motor vehicle accident in January 2002. Although defendant timely served an answer, plaintiff rejected it because it was not verified. Defendant promptly moved for an extension of time to serve the answer, and plaintiff cross-moved for a default judgment. In January 2009, Supreme Court granted defendant's motion, directed defendant to serve and file...

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