Practice point: In opposing a motion for a default judgment, an affidavit of merit is not necessary if an order has not been entered.
Students should note that an insurance carrier's delay in assigning counsel is reasonable cause for a defendant's default in answering.
Case: Arrington v. Bronx Jean Co., NY Slip Op 06399 (1st Dept. 2010)
Here is the opinion.
Monday's issue: Torts.
