Stewart v. State Farm Mutual Automobile Insurance

Appeal from an order of the Supreme Court at Special Term, entered November 27, 1978 in Warren County, which denied defendant’s motion seeking permission to serve an answer. On August 17, 1978, plaintiff commenced the present action seeking a declaratory judgment declaring that a certain insurance policy insuring plaintiffs vehicle and issued by appellant was in full force and effect on May 31, 1978 on which day said vehicle was involved in an accident. Following appellant’s failure to answer, plaintiff obtained a default judgment against appellant. Shortly thereafter, appellant, by order to…