Appellate Division of the Supreme Court of New York, 2002

Andrew Mundo Ind. v. Liberty Mutual Group

Andrew Mundo Ind. v. Liberty Mutual Group
Appellate Division of the Supreme Court of New York · Decided October 15, 2002
298 A.D.2d 215; 748 N.Y.S.2d 249; 2002 N.Y. App. Div. LEXIS 9740
Andrew Mundo Ind. v. Liberty Mutual Group

Opinion of the Court

Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 19, 2001, which, inter alia, granted defendant’s motion to vacate a default judgment entered against it, unanimously affirmed, without costs.

The motion court properly vacated the default judgment against defendant insurer upon defendant’s showing of a reasonable excuse for its default and a meritorious defense to plaintiffs claim that the liability for which plaintiff seeks reimbursement is covered under the policy issued to it by defendant (see Karacostas v Trinity Place Co., 294 AD2d 250). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Ellerin and Rubin, JJ.

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