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Utica Mut. Ins. Co. v. McCorvey

Supreme Court, Appellate Division, First Department, New York.
Apr 17, 2014
116 A.D.3d 560 (N.Y. App. Div. 2014)

Opinion

2014-04-17

UTICA MUTUAL INSURANCE COMPANY, as subrogee of Ferro Enterprises N.Y. LLC, Plaintiff–Respondent, v. James McCORVEY, Jr., Defendant–Appellant.

Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), for appellant. Randall B. Smith, P.C., Melville (Joshua D. Smith of counsel), for respondent.


Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), for appellant. Randall B. Smith, P.C., Melville (Joshua D. Smith of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about April 17, 2013, which denied defendant's motion, inter alia, to vacate a default judgment and dismiss the complaint, unanimously affirmed, without costs.

Defendant did not proffer a reasonable excuse for his default. The record supports plaintiff's claim that defendant engaged in a pattern of default that warranted the denial of his motion to vacate the default.

In light of the above, we need not reach the merits of defendant's defense. FRIEDMAN, J.P., SWEENY, ANDRIAS, GISCHE, CLARK, JJ., concur.


Summaries of

Utica Mut. Ins. Co. v. McCorvey

Supreme Court, Appellate Division, First Department, New York.
Apr 17, 2014
116 A.D.3d 560 (N.Y. App. Div. 2014)
Case details for

Utica Mut. Ins. Co. v. McCorvey

Case Details

Full title:UTICA MUTUAL INSURANCE COMPANY, as subrogee of Ferro Enterprises N.Y. LLC…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Apr 17, 2014

Citations

116 A.D.3d 560 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 2670
983 N.Y.S.2d 720

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