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Provident Life Casualty Ins. Co. v. Hersko

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 1998
246 A.D.2d 365 (N.Y. App. Div. 1998)

Opinion

January 13, 1998

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


The motion court properly exercised its discretion in finding that defendant showed a reasonable excuse for the default ( see, Hunter v. Enquirer/Star, Inc., 210 A.D.2d 32), and that his affidavit of merit was sufficient ( see, Mufalli v. Ford Motor Co., 105 A.D.2d 642, 643). The record indicates issues as to whether defendant did, in fact, fail to provide accurate, material information that he was under a duty to provide and whether such nondisclosure, if any, affected plaintiffs decision to issue the insurance policy in question ( see, Smirlock Realty Corp. v. Title Guar. Co., 52 N.Y.2d 179, 187).

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Mazzarelli, JJ.


Summaries of

Provident Life Casualty Ins. Co. v. Hersko

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 1998
246 A.D.2d 365 (N.Y. App. Div. 1998)
Case details for

Provident Life Casualty Ins. Co. v. Hersko

Case Details

Full title:PROVIDENT LIFE CASUALTY INSURANCE COMPANY, Appellant v. HERMAN HERSKO…

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

Date published: Jan 13, 1998

Citations

246 A.D.2d 365 (N.Y. App. Div. 1998)
666 N.Y.S.2d 419

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