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SELECTIVE AUTO INS. COMPANY OF N.J. v. NESBITT

6583, 20889/14E.

161 A.D.3d 560 (2018)

78 N.Y.S.3d 97

2018 NY Slip Op 03616

Selective Auto Insurance Company of New Jersey, as Subrogee of Alan Pine, Respondent, v. Kathleen Nesbitt et al., Appellants.

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

Decided May 17, 2018.

On March 6, 2014, plaintiff served defendants with its complaint alleging liability for damages resulting from a car collision involving plaintiff's subrogee. Defendants did not file an answer. Almost three years later, by notice dated February 1, 2017, defendants moved to dismiss the complaint as abandoned (CPLR 3215 [c]). Plaintiff opposed, and by notice dated February 16, 2017, cross-moved for entry of a default judgment, asking that its failure to seek default within...

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