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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1988

StatusPublished

This text of 143 A.D.2d 869 (Brooklyn Union Gas Co. v. North River Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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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.

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Bluebook (online)

143 A.D.2d 869, 533 N.Y.S.2d 688, 1988 N.Y. App. Div. LEXIS 10324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-union-gas-co-v-north-river-insurance-nyappdiv-1988.