AETNA LIFE INS. CO. v. UTA OF KJ INC.

151940/18. Appeal No. 15397. Case No. 2021-01294.

203 A.D.3d 401 (2022)

160 N.Y.S.3d 590

2022 NY Slip Op 01266

Aetna Life Insurance Company, Respondent, v. UTA of KJ Inc., Also Known as United Talmudical Academy of Kiryas Joel, Appellant.

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

Decided March 1, 2022.


Attorney(s) appearing for the Case

Avrom R. Vann, P.C., New York ( Avrom R. Vann of counsel), for appellant.

Heitner & Breitstein P.C., Brooklyn ( Yelena C. Tsyrlin of counsel), for respondent.

Concur—Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.


Contrary to defendant's contentions, it did default in responding to plaintiff's motion for summary judgment. Defendant's counsel acknowledges that he received notification of plaintiff's motion, yet the record shows that defendant failed to submit any opposition. Although counsel maintains that he telephoned the court on the motion's return date in an effort to adjourn the motion, he never sought an adjournment in a manner consistent with the court's rules, which required...

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