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Batista v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 2001
289 A.D.2d 519 (N.Y. App. Div. 2001)

Opinion

2001-04297

Submitted December 5, 2001.

December 31, 2001.

In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated March 9, 2001, which denied its motion to compel the plaintiffs to accept its answer.

Longo D'Apice, Brooklyn, N.Y. (Mark A. Longo and Amy M. Kramer of counsel), for appellant.

Wilkofsky, Friedman, Karel Cummins, New York, N Y (David B. Karel of counsel), for respondents.

Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion to compel the plaintiffs to [*2]accept its answer because the defendant demonstrated neither a reasonable excuse for its default in answering nor the existence of a meritorious defense (see, Hazen v. Bottiglieri, 286 A.D.2d 708; Melish v. Melish, 267 A.D.2d 218; Rivera v. 999 Realty Mtg., 246 A.D.2d 637; Miles v. Blue Label Trucking, 232 A.D.2d 382; Martyn v. Jones, 166 A.D.2d 508).

O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.


Summaries of

Batista v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 2001
289 A.D.2d 519 (N.Y. App. Div. 2001)
Case details for

Batista v. Allstate Insurance Company

Case Details

Full title:LOURDES BATISTA, ET AL., respondents, v. ALLSTATE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 31, 2001

Citations

289 A.D.2d 519 (N.Y. App. Div. 2001)
735 N.Y.S.2d 783

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