Scott v. Fontana

268 A.D.2d 237, 700 N.Y.S.2d 689, 2000 N.Y. App. Div. LEXIS 57

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about October 5, 1998, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.

Absent any showing of prejudice caused by defendant’s 22-day delay in appearing, and in view of defense counsel’s diligence once in the case, the motion court properly vacated a default apparently caused by defendant’s short delay in forwarding the summons and complaint to the insurer and the insurer’s short delay in forwarding the file to defense counsel (see, Barajas v Toll Bros., 247 AD2d 242; Rosa v 42 Holding Corp., 254 AD2d 213). A meritorious defense is shown. Concur—Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.