General
Andrew Scott, Appellant, v. Franco Fontana, Respondent
268 A.D.2d 237700 N.Y.S.2d 689·New York Supreme Court, Appellate Division·2000·NY
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Opinion
Andrew Scott, Appellant, v Franco Fontana, Respondent.
[700 NYS2d 689]
[MAJORITY]
—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about October 5, 1998, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.
Absent any showing of prejudice caused by defendant’s 22-day delay in appearing, and in view of defense counsel’s diligence once in the case, the motion court properly vacated a default apparently caused by defendant’s short delay in forwarding the summons and complaint to the insurer and the insurer’s short delay in forwarding the file to defense counsel (see, Barajas v Toll Bros., 247 AD2d 242; Rosa v 42 Holding Corp., 254 AD2d 213). A meritorious defense is shown. Concur—Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.