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Vurdak v. Eagle Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1994
200 A.D.2d 518 (N.Y. App. Div. 1994)

Summary

In Vurdak v Eagle Ins. Co., (200 AD2d 518 [1st Dept 1994]) the Appellate Division, First Department affirmed the lower court's decision excusing a default in responding to the notice to admit due to law office failure because there was no prejudice shown (see also, Alford vProgressive Equity Funding Corp., 144 AD2d 756 [3d Dept 1988]).

Summary of this case from Garber v. Stevens

Opinion

January 25, 1994

Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).


The court was within its discretion in excusing the default in responding to the notice to admit due to law office failure as there was no prejudice shown.

Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Tom, JJ.


Summaries of

Vurdak v. Eagle Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1994
200 A.D.2d 518 (N.Y. App. Div. 1994)

In Vurdak v Eagle Ins. Co., (200 AD2d 518 [1st Dept 1994]) the Appellate Division, First Department affirmed the lower court's decision excusing a default in responding to the notice to admit due to law office failure because there was no prejudice shown (see also, Alford vProgressive Equity Funding Corp., 144 AD2d 756 [3d Dept 1988]).

Summary of this case from Garber v. Stevens
Case details for

Vurdak v. Eagle Insurance Company

Case Details

Full title:JOSEPH VURDAK et al., Plaintiffs, v. EAGLE INSURANCE COMPANY et al.…

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

Date published: Jan 25, 1994

Citations

200 A.D.2d 518 (N.Y. App. Div. 1994)
606 N.Y.S.2d 690

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(emphasis added). In Vurdak v Eagle Ins. Co., (200 AD2d 518 [1st Dept 1994]) the Appellate Division, First…