Legal Opinion

Aetna Casualty & Surety Co. v. State Farm Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1998PublishedCited by 1 opinion

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to confirm two arbitration awards, both dated March 20, 1996, the petitioner appeals from an order of the Supreme Court, Westchester County (Fredman, J.), dated April 30, 1997, which granted the motion of the respondent, State Farm Mutual Insurance Company, to vacate a judgment of the same court, entered January 24, 1997, confirming the arbitration awards upon the respondent’s default in opposing the petition.

Ordered that the order is affirmed, with costs.

To vacate a judgment entered upon default, a party must demonstrate the existence of a…

2Cases cited5 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Rock v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1997
  4. Tortorello v. TortorelloAppellate Division of the Supreme Court of the State of New York · 1990
  5. Birsett v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. HSBC Bank USA N.A. v. KantorAppellate Division of the Supreme Court of the State of New York · 2023

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