AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

MILADY MARINE, appellant, v. FEDERAL INSURANCE COMPANY, respondent.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the defendant's motion which was to vacate the judgment entered against it upon its default in answering. To obtain relief pursuant to CPLR 317, the defendant was required to establish that it did not personally receive notice of the summons in time to defend and that it has a meritorious defense (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr., 67 N.Y.2d 138). The plaintiff effected service upon the defendant in November 2000 by serving a copy of the summons and complaint upon the Superintendent of Insurance (see Insurance Law § 1212). The defendant established that it did not receive actual notice of the summons in time to defend (cf. Nicolosi v. Sleuth Sec. Sys., 247 A.D.2d 521).

Further, the Supreme Court properly dismissed the complaint, as the plaintiff failed to demonstrate compliance with the service requirement of Insurance Law § 3420.

ALTMAN, J.P., McGINITY, TOWNES and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

MARINE v. FEDERAL INSURANCE CO
(Apr 29, 2002)