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Smith v. Alhamdou

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2001
284 A.D.2d 129 (N.Y. App. Div. 2001)

Opinion

June 7, 2001.

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about April 18, 2000, which, in an action for personal injuries sustained in a car accident in which the car operated by defendant was owned by a car rental company, granted defendant's motion to vacate a default judgment against him, unanimously affirmed, without costs.

Barry Siskin, for plaintiff-appellant.

Ellen Zweig, for defendant-respondent.

Before: Sullivan, P.J., Rosenberger, Tom, Andrias, Marlow, JJ.


The car rental company's insurer provides a reasonable excuse for the failure to timely appear. It explained that defendant was neither the renter nor an authorized driver of the car involved in the accident, and that it had no notice of the action until it received a copy of plaintiff's motion for a default judgment. A police report signed by plaintiff adequately discloses a meritorious defense tending to show some degree of fault on her part for the accident (see, Aloi v. Firebird Freight Serv., 251 A.D.2d 608).


Summaries of

Smith v. Alhamdou

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2001
284 A.D.2d 129 (N.Y. App. Div. 2001)
Case details for

Smith v. Alhamdou

Case Details

Full title:CASSANDRA SMITH, PLAINTIFF-APPELLANT, v. NIANG L. ALHAMDOU…

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

Date published: Jun 7, 2001

Citations

284 A.D.2d 129 (N.Y. App. Div. 2001)
726 N.Y.S.2d 91