Legal Opinion

Burgos v. Allcity Insurance

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

Decided May 18, 2000PublishedCited by 6 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about October 20, 1999, which denied defendants’ motion to vacate a default judgment, unanimously reversed, on the law, the facts, and in the exercise of discretion, the motion granted and the judgment vacated on the condition that defendants pay plaintiff $1,000 within 30 days of service of this order with notice of entry.

We find that the motion court’s exercise of discretion, in denying defendants’ motion to vacate, was improvident. Defendant insurers established that their default, in this Insurance Law § 3420 (a)…

2Cases cited5 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Sanchez v. Javind Apt. Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Holmes v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
  4. Barajas v. Toll Bros.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Frenchy's Bar & Grill v. United International InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Smith v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  2. Sound Shore Medical Center v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Triangle Transport, Inc. v. Markel InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  4. Teich v. Planned Parenthood of Westchester & Rockland Counties, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Darling Ferreira v. Global Liberty Ins. Co. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2014

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