Vurdak v. Eagle Insurance

Appellate Division of the Supreme Court of New York

Vurdak v. Eagle Insurance

200 A.D.2d 518, 606 N.Y.S.2d 690

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

DecidedJanuary 25, 1994

StatusPublished

This text of 200 A.D.2d 518 (Vurdak v. Eagle 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

Vurdak v. Eagle Insurance, 200 A.D.2d 518, 606 N.Y.S.2d 690 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 23, 1992, which, inter alia, denied defendant Motor Vehicle Accident Indemnification Corp.’s ("MVAIC”) motion for summary judgment based upon defendant Eagle Insurance Company’s ("Eagle”) failure to respond to MVAIC’s Notice to Admit and granted Eagles’ cross-motion to vacate its default on condition that it pay MVAIC $150 costs, unanimously affirmed, with costs.

[519]*519The court was within its discretion in excusing the default in responding to the notice to admit due to law office failure as there was no prejudice shown. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

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—Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 23, 1992, which, inter alia, denied defendant Motor Vehicle Accident Indemnification Corp.’s ("MVAIC”) motion for summary judgment based upon defendant Eagle Insurance Company’s ("Eagle”) failure to respond to MVAIC’s Notice to Admit and granted Eagles’ cross-motion to vacate its default on condition that it pay MVAIC $150 costs, unanimously affirmed, with costs.

[519]*519The court was within its discretion in excusing the default in responding to the notice to admit due to law office failure as there was no prejudice shown. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

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Bluebook (online)

200 A.D.2d 518, 606 N.Y.S.2d 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vurdak-v-eagle-insurance-nyappdiv-1994.