Travelers Insurance v. Abelow

14 A.D.3d 395, 786 N.Y.S.2d 915, 2005 N.Y. App. Div. LEXIS 289

Opinion

Order, Supreme Court, New York County (Marcy Friedman, J.), entered July 15, 2004, which, in a declaratory judgment action involving long-term care insurance coverage, granted defendants’ motion to vacate their default in appearing at a compliance conference, unanimously affirmed, with costs.

The record simply does not support plaintiff’s claim that defendants’ failure to appear at the compliance conference was part of a persistent pattern of delay, or otherwise undermine defendants’ attorney’s representation that the reason he did not appear at the conference was because he miscalendared its date (CPLR 2005; see Telep v Republic El. Corp., 267 AD2d 57, 58 [1999]; cf. Fink Weinberger v Rosenkrantz, 252 AD2d 368 [1998]). As to the merits, we cannot say, at this juncture, that application for insurance was fraudulent. Concur—Mazzarelli, J.P., Marlow, Ellerin, Gonzalez and Catterson, JJ.