AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

DAMSELLE, LTD., Appellant, v. 500-512 SEVENTH AVENUE ASSOCIATES et al., Defendants, and HOLMES PROTECTION OF NEW YORK, INC., Respondent.

In light of the strong policy favoring the determination of actions on their merits (Scott v. Allstate Ins. Co., 124 A.D.2d 481, 484), we find no abuse of discretion in vacatur of the within default judgment upon defendant-respondent's showing of an unintentional failure by defendant-respondent's insurer to defend the action, lack of prejudice to plaintiff, and the existence of a potentially meritorious defense (Massachusetts Bay Ins. Co. v Guardian Escrow Corp., 171 A.D.2d 615, 616). We agree with the IAS court that, as a condition to the vacatur of the default, plaintiff should be compensated for the inconvenience caused by defendant-respondent's insurer's egregious inefficiency (see, Aces Mech. Corp. v. Cohen Bros. Realty Constr. Corp., 99 A.D.2d 455). Moreover, under the circumstances of this case, we find that, in order to adequately compensate plaintiff, the amount should be raised to $3,000.

Concur — Ellerin, J.P., Kupferman, Asch and Kassal, JJ.

Use AI to get other relevant cases.

Comments

DAMSELLE, LTD. v. 500-512 SEVENTH AVE. ASSOC
(Jun 18, 1992)