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Gonzalez v. Schiechel

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1985
112 A.D.2d 1026 (N.Y. App. Div. 1985)

Opinion

August 19, 1985

Appeal from the Supreme Court, Kings County (Jordan, J.).


Order affirmed, with costs.

We agree with Special Term that defendant set forth a meritorious defense in his moving papers and that under the circumstances herein presented the failure of defendant's insurer to transmit the summons and complaint to its legal department, which resulted in the default, was properly excused by Special Term in the exercise of its discretion ( see, CPLR 3012 [d]; 5015 [a]). Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

Gonzalez v. Schiechel

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1985
112 A.D.2d 1026 (N.Y. App. Div. 1985)
Case details for

Gonzalez v. Schiechel

Case Details

Full title:ADA GONZALEZ, Appellant, v. PAUL SCHIECHEL, Respondent

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

Date published: Aug 19, 1985

Citations

112 A.D.2d 1026 (N.Y. App. Div. 1985)