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Travelers Ins. Co. v. Abelow

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2005
14 A.D.3d 395 (N.Y. App. Div. 2005)

Opinion

5099N

January 13, 2005.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered July 15, 2004, which, in a declaratory judgment action involving long-term care insurance coverage, granted defendants' motion to vacate their default in appearing at a compliance conference, unanimously affirmed, with costs.

Before: Mazzarelli, J.P., Marlow, Ellerin, Gonzalez and Catterson, JJ.


The record simply does not support plaintiff's claim that defendants' failure to appear at the compliance conference was part of a persistent pattern of delay, or otherwise undermine defendants' attorney's representation that the reason he did not appear at the conference was because he miscalendared its date (CPLR 2005; see Telep v. Republic El. Corp., 267 AD2d 57, 58; cf. Fink Weinberger v. Rosenkrantz, 252 AD2d 368). As to the merits, we cannot say, at this juncture, that application for insurance was fraudulent.


Summaries of

Travelers Ins. Co. v. Abelow

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2005
14 A.D.3d 395 (N.Y. App. Div. 2005)
Case details for

Travelers Ins. Co. v. Abelow

Case Details

Full title:THE TRAVELERS INSURANCE COMPANY, Appellant, v. RITA ABELOW et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 13, 2005

Citations

14 A.D.3d 395 (N.Y. App. Div. 2005)
786 N.Y.S.2d 915

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