KENSINGTON INS. CO. v. RAMALES

653234/16.

180 A.D.3d 445 (2020)

115 N.Y.S.3d 660

2020 NY Slip Op 00922

Kensington Insurance Company, Appellant, v. Paulino Ramales et al., Defendants, and Rocio Garcia, Respondent.

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

Decided February 6, 2020.


The motion court providently exercised its discretion in accepting defendant's excuse of law office failure where the excuse was reasonably detailed and credible (B & H Fla. Notes LLC v Ashkenazi, 172 A.D.3d 433, 434 [1st Dept 2019]). As for a meritorious defense, the motion court properly determined that the insured's lack of cooperation had not been established as a matter of law to preclude defendant from asserting it as an improper basis for denial of coverage...

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