New York University Hospital Tisch Institute v. Merchants Mutual Insurance Co.

Decision Date22 February 2005
Docket Number2004-10013.
Citation15 A.D.3d 554,2005 NY Slip Op 01332,792 N.Y.S.2d 83
PartiesNEW YORK UNIVERSITY HOSPITAL TISCH INSTITUTE, as Assignee of IRA KALFUS, et al., Respondents, v. MERCHANTS MUTUAL INSURANCE CO., Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the judgment is vacated, the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith, and the defendant's time to answer the complaint is extended until 20 days after service upon it of a copy of this decision and order.

The denial of the defendant's motion to vacate the judgment entered upon its default in appearing or answering was an improvident exercise of discretion. The defendant insurer's default was not attributable to the insurer's mere delay in forwarding the complaint to counsel (cf. Campbell v Ghafoor, 8 AD3d 316 [2004]; O'Shea v Bittrolff, 302 AD2d 439 [2003]; Miles v Blue Label Trucking, 232 AD2d 382 [1996]), but was occasioned by an inexperienced claims adjuster's reasonable belief that advising opposing counsel, both telephonically and in writing, that no-fault benefits had been exhausted, would suffice to end the matter. The claims adjuster's letter included a copy of the denial of claim form issued to the plaintiff New York University Hospital Tisch...

To continue reading

Request your trial
2 cases
  • Parisien v. Allstate Ins. Co.
    • United States
    • New York Supreme Court — Appellate Term
    • August 12, 2022
    ...plaintiff's failure to claim any prejudice by reason of the brief delay involved (see New York Univ. Hosp. Tisch Inst. v. Merchants Mut. Ins. Co. , 15 A.D.3d 554, 555, 792 N.Y.S.2d 83 [2005] ; see also Matter of A & F Scaccia Realty Corp. v. New York City Dept. of Envtl. Protection , 200 A.......
  • Nesbit v. Turner, 2003-08458.
    • United States
    • New York Supreme Court — Appellate Division
    • February 22, 2005
    ... ... of the Supreme Court of the State of New York", Second Department ... February 22, 2005 ...  \xC2" ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT