Mandell v. Blackman-Hoffman Co.

Titone, J. P.,

dissents and votes to affirm the order, with the following memorandum: In concluding that an unresolved question of fact exists as to whether plaintiff’s attorney orally agreed to extend defendant’s time to interpose an answer, the majority mistakenly relies upon two affidavits supporting the application to vacate the default judgment. Specifically I refer to the affidavit submitted by Godfrey Nardone, a claims representative for defendant’s insurer, Zurich American Insurance Company (Zurich), and another one by Irving W. Haut, an attorney associated with the law firm whose…