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URAM v. SMITH

869N, 20801/10E.

138 A.D.3d 553 (2016)

31 N.Y.S.3d 14

2016 NY Slip Op 02943

CATHERINE URAM, Respondent, v. PATRICK SMITH, Defendant. PROGRESSIVE INSURANCE COMPANY, Nonparty Appellant.

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

Decided April 19, 2016.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered May 22, 2015, which denied nonparty appellant insurer's motion to stay the inquest in the action, vacate the default judgment against defendant, entered April 12, 2011, grant leave to permit defendant to appear and answer the complaint, and compel plaintiff to accept the answer, unanimously affirmed, without costs.

Denial of the instant motion was a provident exercise of

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