State Farm Mut. Auto. Ins. Co. v Young, 2012 NY Slip Op 50686(U)(App. Term 2d Dept. 2012)
“Upon defendants’ default in answering or appearing, an inquest was scheduled. Defendant Robert J. Young appeared at the inquest and orally sought to open his default and to serve and file an answer. By order dated March 4, 2011, the District Court granted the oral application, and defendant Robert J. Young filed a verified answer in which he stated that he was the “wrong person.” Thereafter, plaintiff moved to vacate the March 4, 2011 order or, in the alternative, for summary judgment. Plaintiff’s unopposed motion was denied by the District Court by order dated May 12, 2011, from which plaintiff appeals.”
“such application should have been supported by motion papers on notice to plaintiff (see CPLR 2214)”
This is not the first time I have seen this occur in that particular District Court.
