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Burgos v. Pulse Combustion, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1995
222 A.D.2d 342 (N.Y. App. Div. 1995)

Opinion

December 21, 1995


Order, Supreme Court, Bronx County (Anne Targum, J.), entered March 21, 1995, which granted defendant-respondent's motion to vacate its default in appearing, unanimously affirmed, without costs. Defendant offered a reasonable excuse for its default, namely, that its insurer failed to answer the complaint because of an erroneous belief that it did not insure defendant and that due to a change of address of which its agent for service of process was unaware, it never received notice of either the original motion seeking a default judgment or the order granting the default with notice of entry ( cf., Cipriano v Hank, 197 A.D.2d 295, 296-297). With respect to the merits, defendant raised compelling issues involving apportionment of liability and plaintiff's own negligence. Plaintiffs make no showing of prejudice as a result of the delay.

Concur — Wallach, J.P., Kupferman, Williams and Tom, JJ.


Summaries of

Burgos v. Pulse Combustion, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1995
222 A.D.2d 342 (N.Y. App. Div. 1995)
Case details for

Burgos v. Pulse Combustion, Inc.

Case Details

Full title:MAXIMINO BURGOS et al., Appellants, v. PULSE COMBUSTION, INC., et al.…

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

Date published: Dec 21, 1995

Citations

222 A.D.2d 342 (N.Y. App. Div. 1995)
635 N.Y.S.2d 603

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