ROMERO v. SMITH


63 A.D.3d 644 (2009)

JADIDA ROMERO, an Infant, by Her Mother and Natural Guardian, AIXA CANALES, et al., Appellants, v. JAMETTA SMITH et al., Defendants. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION et al., Nonparty Respondents.

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

Decided June 30, 2009.


The relief requested should be denied because, as the motion court stated, plaintiffs fail to offer an "appropriate excuse for the enormous delay herein." As a result of the delay, the Motor Vehicle Accident and Indemnification Corporation, which plaintiffs claim is obligated to defend and indemnify the defaulting defendants, is presently unable to locate insurance records pertaining to this 1995 accident, having destroyed all of its records pertaining to this matter pursuant...

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