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Scott v. Fontana [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2000
(N.Y. App. Div. Jan. 13, 2000)

Opinion

January 13, 2000

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about October 5, 1998, which granted defendant's motion to vacate a default judgment, unanimously affirmed, without costs.

Ephrem Wertenteil, for plaintiff-appellant.

John M. Denby, for defendant-respondent.

SULLIVAN, J.P., MAZZARELLI, WALLACH, RUBIN, ANDRIAS, JJ.


Absent any showing of prejudice caused by defendant's 22-day delay in appearing, and in view of defense counsel's diligence once in the case, the motion court properly vacated a default apparently caused by defendant's short delay in forwarding the summons and complaint to the insurer and the insurer's short delay in forwarding the file to defense counsel (see, Barajas v. Toll Bros., 247 A.D.2d 242; Rosa v. 42 Holding Corp., ( 254 A.D.2d 213). A meritorious defense is shown.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Scott v. Fontana [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2000
(N.Y. App. Div. Jan. 13, 2000)
Case details for

Scott v. Fontana [1st Dept 2000

Case Details

Full title:ANDREW SCOTT, Plaintiff-Appellant, v. FRANCO FONTANA, Defendant-Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 13, 2000

Citations

(N.Y. App. Div. Jan. 13, 2000)