In Ave T MPC Corp. v. Chubb Indem. Ins. Co. , Chubb Indemnity sought to vacate a default judgment and to compel Ave T MPC Corp. to accept a late answer.
Ave T filed suit against Chubb to recover assigned first-party benefits. When the New York City Civil Court of Kings County granted Chubb's motion, Ave T appealed to the Appellate Term, Second Department.
The AT2 found while a court can accept a claim of "law office failure" as an excuse for a default, Chubb's attorney didn't effectively explain why her office failed to interpose a timely answer.
The AT2 didn't believe counsel's assertions -- the insurance company was late in providing her office with the pleadings because the documents had been "lost in the shuffle" -- since her statements lacked "personal knowledge" and were "of no probative value."
When it rains it pours.
To download a copy of the Appellate Term's decision, please use this link: Ave T MPC Corp. v. Chubb Indem. Ins. Co.