Trustees of Local 282 Welfare Trust Fund v. Transamerica Insurance

Order, Supreme Court, New York County (David Edwards, Jr., J.), entered January 9, 1990, which denied defendant-appellant’s motion to reargue or renew an earlier motion to vacate a default judgment of the same court, unanimously modified, on the law, the facts and in the exercise of discretion, to vacate the default judgment and permit defendant to serve an answer, within 20 days of the entry of this court’s order, all on condition that defendant waive a traverse hearing on its defense of lack of personal jurisdiction (CPLR 3211 [a] [8]), and otherwise affirmed, without costs.

Upon examination…