Hospital for Joint Diseases v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover no-fault medical payments under four insurance contracts, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 20, 2000, as denied its motion to vacate a judgment of the same court, entered January 7, 2000, upon its default in answering the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
A defendant seeking to vacate a judgment entered upon its default in answering a complaint must demonstrate both a reasonable excuse for the default and the existence…
2Cases cited4 opinions
- MacMarty, Inc. v. SchellerAppellate Division of the Supreme Court of the State of New York · 1994
- Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
- Manigat v. LouisAppellate Division of the Supreme Court of the State of New York · 1999
- Jacobowitz & Gubits v. DuffyAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Westchester Medical Center v. Clarendon InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Galante v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002
- Delgado v. VelecelaAppellate Division of the Supreme Court of the State of New York · 2008