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Andrew Mundo Ind., Appellant, v. Liberty Mutual Group, Respondent

New York Supreme Court, Appellate Division2002-10-15
298 A.D.2d 215748 N.Y.S.2d 249

Authorities cited

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Opinion

majority opinion

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.