Legal Opinion

Chiropractic v. State-Wide Insurance

New York Supreme Court

Decided June 2, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Jack M. Battaglia, J.

Plaintiff Linden Chiropractic, EC. seeks leave to enter judgment on its verified complaint against defendant State-Wide Insurance Company, based upon defendant’s alleged failure to answer within the time prescribed by New York City Civil Court Act § 402. Defendant has cross-moved for an order compelling plaintiff to accept its verified answer as timely. For reasons that will appear, defendant’s motion is granted, and plaintiffs motion is denied.

Plaintiff served its summons and verified complaint by delivering copies to the Superintendent of Insurance…

2Cases cited8 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Calderon v. 163 Ocean Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Fleetwood Park Corp. v. Jerrick Waterproofing Co.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Ling Ling Yung v. County of NassauNew York Court of Appeals · 1991
  5. Essex Credit Corp. v. Theodore Tarantini Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992

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