New York Life Insurance v. Washington

Appellate Division of the Supreme Court of New York

New York Life Insurance v. Washington

198 A.D.2d 128, 604 N.Y.S.2d 733, 1993 N.Y. App. Div. LEXIS 10803

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1993·Published

Opinion

—Order of the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered June 9, 1992, which granted defendant’s motion to vacate a default judgment entered against her, is unanimously reversed, without costs or disbursements, on the law and facts and in the exercise of discretion, unless defendant pays to plaintiff personally the sum of $1000, in which case, the said order is affirmed, without costs or disbursements.

The IAS Court did not abuse its discretion in vacating the default judgment and finding that defendant furnished a [129]*129reasonable excuse for her default and demonstrated a meritorious defense. However, under the circumstances herein, we find that such vacatur should have been conditioned on the payment of $1000 to the plaintiff by the defendant personally. Concur — Sullivan, J. P., Rosenberger, Ross and Asch, JJ.

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—Order of the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered June 9, 1992, which granted defendant’s motion to vacate a default judgment entered against her, is unanimously reversed, without costs or disbursements, on the law and facts and in the exercise of discretion, unless defendant pays to plaintiff personally the sum of $1000, in which case, the said order is affirmed, without costs or disbursements.

The IAS Court did not abuse its discretion in vacating the default judgment and finding that defendant furnished a [129]*129reasonable excuse for her default and demonstrated a meritorious defense. However, under the circumstances herein, we find that such vacatur should have been conditioned on the payment of $1000 to the plaintiff by the defendant personally. Concur — Sullivan, J. P., Rosenberger, Ross and Asch, JJ.

New York Life Insurance v. Washington, 198 A.D.2d 128, 604 N.Y.S.2d 733, 1993 N.Y. App. Div. LEXIS 10803 (N.Y. Ct. App. 1993).

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198 A.D.2d 128 (New York Life Insurance v. Washington) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.