Kimball v. Continental Assurance Co.

Appeal (1) from an amended order of the Supreme Court at Special Term (Pitt, J.), entered January 6, 1983 in Rensselaer County, which denied defendant’s motion for leave to serve an answer and granted plaintiff’s cross motion for the entry of a default judgment, and (2) from the judgment entered thereon. In the instant action, plaintiff seeks to recover on two policies of life insurance issued by defendant to plaintiff’s late husband. The summons and complaint were duly served on November 3, 1982. Due to a misapprehension by an employee of defendant that it had 30 days in which to serve an…