Legal Opinion
Price v. Polisner
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1991PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered March 15, 1990, which granted defendant’s motion to, inter alia, vacate his default to the extent of vacating the inquest order and permitting defendant to serve an answer, unanimously affirmed, with costs.
Defendant has met his burden of demonstrating both a reasonable excuse for the default and a meritorious defense to the action. The record demonstrates that defendant forwarded the summons and complaint to his insurance carrier promptly upon receipt. Although defendant’s carrier initially denied coverage, it eventually…
2Cases cited4 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Swidler v. World-Wide Volkswagen Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Lang v. French & Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Fire Island Pines, Inc. v. Colonial Dormer Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by11 opinions
- US Bank National Ass'n v. RichardsAppellate Division of the Supreme Court of the State of New York · 2017
- Waite v. WhalenAppellate Division of the Supreme Court of the State of New York · 1995
- Abramovich v. HarrisAppellate Division of the Supreme Court of the State of New York · 1996
- Mayville v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Centrillo v. Route 6 & 22 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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