Legal Opinion

Dinstber v. Allstate Insurance

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

Decided June 14, 2012Published

1Opinion of the CourtStein, J.

Appeal from an order of the Supreme Court (Rumsey, J.), entered October 26, 2010 in Cortland County, which, among other things, denied plaintiffs motion to vacate a prior order.

Plaintiff commenced this action in July 2008 for, among other things, breach of contract arising out of a motor vehicle accident in January 2002. Although defendant timely served an answer, plaintiff rejected it because it was not verified. Defendant promptly moved for an extension of time to serve the answer, and plaintiff cross-moved for a default judgment. In January 2009, Supreme Court granted defendant’s motion,…

2Cases cited9 opinions

  1. Raschel v. RishNew York Court of Appeals · 1986
  2. Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
  3. Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
  4. Puchner v. NastkeAppellate Division of the Supreme Court of the State of New York · 2012
  5. Dinstber v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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