Massachusetts Bay Insurance v. Guardian Escrow Corp.

Order, Supreme Court, New York County (Francis N. Pécora, J.), entered September 26, 1989, which denied defendant’s motion to compel plaintiff to accept late service of its answer, unanimously reversed, on the law, the facts and in the exercise of discretion and the motion is granted, without costs. Judgment of the same court, entered July 19, 1990, in favor of plaintiff in the sum of $992,796.17 is vacated and the matter is remitted to Supreme Court.

Plaintiff’s subrogor sustained damage to its property as a result of a fire which occurred at premises owned by defendant. Plaintiff maintains…