ROSA v. 42 HOLDING CORP

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.