Brooklyn Union Gas Co. v. North River Insurance

Appellate Division of the Supreme Court of New York

Brooklyn Union Gas Co. v. North River Insurance

143 A.D.2d 869, 533 N.Y.S.2d 688, 1988 N.Y. App. Div. LEXIS 10324

Procedural entryThis page is a short order in Brooklyn Union Gas Co. v. North River Insurance. Read the opinion of the Court — 124 A.D.2d 621 →

Appellate Division of the Supreme Court of the State of New York·Decided October 24, 1988·Published

Opinion

In an action for a judgment declaring that the defendant is obligated, inter alia, to defend and indemnify the plaintiff in a certain action, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated August 10, 1987, which denied its motion for leave to enter a default judgment against the defendant.

Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion in vacating the defendant’s default in answering the complaint, since both a satisfactory excuse and a meritorious defense were shown. Thompson, J. P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for a judgment declaring that the defendant is obligated, inter alia, to defend and indemnify the plaintiff in a certain action, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated August 10, 1987, which denied its motion for leave to enter a default judgment against the defendant.

Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion in vacating the defendant’s default in answering the complaint, since both a satisfactory excuse and a meritorious defense were shown. Thompson, J. P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.

Brooklyn Union Gas Co. v. North River Insurance, 143 A.D.2d 869, 533 N.Y.S.2d 688, 1988 N.Y. App. Div. LEXIS 10324 (N.Y. Ct. App. 1988).

Pincite

143 A.D.2d 869 (Brooklyn Union Gas Co. v. North River Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.