Appellate Division of the Supreme Court of New York, 1998

Kaperonis v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York · Decided October 13, 1998

254 A.D.2d 334; 678 N.Y.S.2d 298; 1998 N.Y. App. Div. LEXIS 10797

Cases that cite this one

5 later published cases cite this decision.

Westchester Medical Center v. Philadelphia Indemnity Insurance (Appellate Division of the Supreme Court of New York 2010)
Thakurdyal v. 341 Scholes Street, LLC (Appellate Division of the Supreme Court of New York 2008)
Hospital for Joint Diseases v. Lincoln General Insurance (Appellate Division of the Supreme Court of New York 2008)
Montefiore Medical Center v. Auto One Insurance (Appellate Division of the Supreme Court of New York 2008)
New York & Presbyterian Hospital v. Allstate Insurance (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover no-fault benefits, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated January 9, 1998, which granted the plaintiff’s motion for judgment in his favor upon the defendant’s failure to timely answer the complaint or appear in the action.

Ordered that the order is affirmed, with costs.

The plaintiff effected service upon the defendant by deliver*335ing a copy of the summons and complaint to the Superintendent of Insurance (see, Insurance Law § 1212), and the defendant does not contend that the address on file with the Superintendent of Insurance was incorrect. Moreover, the defendant failed to rebut satisfactorily the evidence submitted by the plaintiff that a copy of the summons was delivered to it at its business address in Lake Success. Accordingly, the defendant failed to meet its burden of showing that it did not receive actual notice of the summons in time to defend (see, CPLR 317; Eugene DiLorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138; Rivera v 999 Realty Mgt., 246 AD2d 637). Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.