New York Court of Appeals

Fidelity and Deposit Company of Maryland, Appellant v. Arthur Andersen & Co., Respondent

September 29, 198360 N.Y.2d 693

Summary

The New York Court of Appeals affirmed the Appellate Division's order vacating the default judgment, holding that Special Term did not abuse its discretion. The court answered the certified question in the negative, finding the lower court's determination of a reasonable excuse and sufficient affidavit of merit was proper.