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BURLINGTON INS. CO. v. SUBLINK LTD.

Index No. 655105/19. Appeal No. 13988N. Case No. 2020-02328N.

195 A.D.3d 404 (2021)

144 N.Y.S.3d 580

2021 NY Slip Op 03403

The Burlington Insurance Company, Appellant, v. Sublink Ltd., Defendant, and Highmark Independent, LLC, et al., Respondents.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Lazare Potter Giacovas & Moyle LLP, New York ( Yale Glazer of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( Joshua Zimring of counsel), for respondents.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.

Based on the allegations of the complaint, along with Burlington's supporting affidavits, Supreme Court correctly denied Burlington's motion for a default judgment against Sublink declaring that it is not obligated to defend or indemnify, because Burlington has failed to establish that its disclaimer was timely (see Atlantic Cas. Ins. Co. v RJNJ Servs., Inc., 89 A.D.3d 649, 651 [2d Dept 2011]).

The reasonableness of any delay...

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