Legal Opinion

Allstate Insurance v. City of White Plains

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 2010Published

1Opinion of the Court

*692In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the City of White Plains appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered December 17, 2009, which denied its motion, in effect, to vacate a prior order of the same court entered September 21, 2009, granting the petition upon its default in answering.

Ordered that the order entered December 17, 2009, is affirmed, with costs.

'A party seeking to vacate an order entered upon its default in opposing a petition must demonstrate both a reasonable excuse for…

2Cases cited10 opinions

  1. Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  2. Gibbs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Brownstein v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008
  5. Campbell v. GhafoorAppellate Division of the Supreme Court of the State of New York · 2004

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