Salisbury v. Government Employees Insurance

Appeal from an order of the Supreme Court at Special Term, entered February 24, 1978 in Albany County, which denied defendant’s motion to vacate and set aside a default judgment. On June 23, 1974, a motorcycle owned and operated by plaintiff collided with an automobile owned by one Mason, causing injuries to plaintiff. Mason’s automobile was insured by defendant pursuant to article 18 of the Insurance Law. Plaintiff made claim against defendant for first-party benefits. On November 25, 1974, defendant denied the claim on the grounds that plaintiff was intoxicated while operating his…