Steward v. Allegheny Mutual Casualty Co.

This is a motion by the defendant for an order vacating the default judgment entered herein on September 12, 1969, on the grounds that (1) defendant has a good and meritorious defense; (2) that the judgment was improperly entered in that there had been no assessment of damages in accordance with CPLR 3215; and (3) that there was an extension of time to answer between the attorneys which extended beyond the date of entry of the default judgment.

The complaint alleged that the defendant had issued to the plaintiff and that the plaintiff was covered by a so-called policy of collision insurance…