Legal Opinion

New York & Presbyterian Hospital v. American Home Assurance Co.

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

Decided April 4, 2006PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover no-fault insurance benefits, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), dated June 15, 2005, which granted the defendant’s motion to vacate a judgment entered December 13, 2004, upon its failure to appear or answer, awarding the plaintiffs, as assignees of Anthony Huang, the principal sum of $124,718.36, and granted the defendant leave to interpose an answer.

Ordered that the order is affirmed, with costs.

A party seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1) “must demonstrate a reasonable excuse for its…

2Cases cited7 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
  3. Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
  4. Orwell Building Corp. v. BessahaAppellate Division of the Supreme Court of the State of New York · 2004
  5. Hospital for Joint Diseases v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Koyenov v. Twin-D Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Westchester Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  3. Westchester Medical Center v. Hartford Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  4. Aguilera v. Pistilli Construction & Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. A & C Construction Inc. v. FlanaganAppellate Division of the Supreme Court of the State of New York · 2006

9 more not listed; retrieve them via the Exa API.

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