Beecher v. State Farm Mutual Automobile Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law without costs, motion for default judgment denied, claims for punitive damages reinstated and motion to compel acceptance of answer granted upon payment to plaintiff of $750 in attorneys’ fees within 30 days of service of the order to be entered herein with notice of entry. Memorandum: Supreme Court, upon reargument, erroneously dismissed plaintiff’s claims for punitive damages. In reviewing a motion for entry of a default judgment based upon defendant’s failure to answer or appear, the court is not empowered to determine the legal merit of the…
2Cases cited5 opinions
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Doyle v. AmsterNew York Court of Appeals · 1992
- Wine Antiques, Inc. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1972
- Wine Antiques, Inc. v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1974
- Kapeleris v. Colonial Penn InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
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