289 A.D.2d 519 735 N.Y.S.2d 783

(December 31, 2001)

Lourdes Batista et al., Respondents, v Allstate Insurance Company, Appellant.

[735 NYS2d 783]

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.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion to compel the plaintiffs to 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 AD2d 708; Melish v Melish, 267 AD2d 218; Rivera v 999 Realty Mgt., 246 AD2d 637; Miles v Blue Label Trucking, 232 AD2d 382; Martyn v Jones, 166 AD2d 508). O’Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.

Batista v. Allstate Insurance
289 A.D.2d 519 735 N.Y.S.2d 783

Case Details

Name
Batista v. Allstate Insurance
Decision Date
Dec 31, 2001
Citations

289 A.D.2d 519

735 N.Y.S.2d 783

Jurisdiction
New York

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