Marine v. Federal Insurance Co.

—In an action to recover on an insurance policy pursuant to Insurance Law § 3420, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated November 30, 2001, which granted the defendant’s motion to vacate a judgment entered against it upon its default in answering and to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the defendant’s motion which was to vacate the judgment entered against it upon its default in answering. To obtain relief pursuant to CPLR…