Jolicoeur v. Clinton Co-operative Insurance

— Appeal from an order of the Supreme Court at Special Term, entered December 19, 1974 in Clinton County, which granted defendant’s motion to vacate a judgment by default in favor of plaintiff. Defendant moved to be relieved of its default promptly after discovering that a judgment had been obtained against it by reason of its *622failure to file a notice of appearance and it sufficiently alleged a meritorious defense to the action. Furthermore, its default was not deliberate or willful and plaintiff has not been unduly prejudiced. Under the circumstances presented, granting the motion to open…