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Matter of MAPFRE Ins. Co. of NY v. Callahan
Citation: 2018 NY Slip Op 6016Docket: 2016-11185
Court: Appellate Division of the Supreme Court of the State of New York; September 12, 2018; New York; State Appellate Court
Original Court Document: View Document
In the case of Matter of MAPFRE Ins. Co. of NY v. Callahan, the Appellate Division of the Supreme Court of New York affirmed a lower court's order denying Jennifer Callahan's motion to vacate her default in a framed-issue hearing related to her claim for uninsured motorist benefits from a 2009 accident. MAPFRE Insurance sought to permanently stay arbitration, arguing that Callahan had withdrawn her claim and failed to meet the policy's conditions precedent. The hearing, scheduled for May 19, 2016, proceeded without Callahan, who was subpoenaed but did not appear. Although her attorney indicated readiness earlier that day, he was absent during the hearing despite being notified to attend. The court granted MAPFRE's petition due to Callahan's default. To vacate a default under CPLR 5015(a)(1), a party must show both a reasonable excuse for their absence and a potentially meritorious defense. Callahan's motion lacked a reasonable excuse for her non-appearance, and her attorney's claim of law office failure was deemed insufficient given the history of adjournments and failure to notify the court of scheduling conflicts. Additionally, Callahan did not provide evidence supporting her defense regarding the withdrawal of her claim or compliance with policy conditions. Consequently, the court exercised its discretion appropriately in denying her motion.