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JUANA ROSA, Respondent, v. 42 HOLDING CORP., Appellant. JUANA ROSA, Appellant,

The six-month delay in defendant's appearance did not prejudice plaintiff so as to preclude vacatur of a default caused by defendant's insurer's failure to interpose an answer while also failing to disclaim coverage ( see, Price v. Polisner, 172 A.D.2d 422; see also, Barajas v. Toll Bros., 247 A.D.2d 242). Meritorious defenses are raised.

Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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ROSA v. 42 HOLDING CORP
(Oct 27, 1998)