Appellate Division of the Supreme Court of the State of New York July 10, 1997 (Birsett v. General Accident Insurance Co. of America)

Mikoll, J. P.

Appeal from an order of the Supreme Court (Graffeo, J.), entered January 13, 1997 in Albany County, which granted defendant’s motion to vacate a prior judgment entered against it.

This litigation arose in the following manner. On December 11, 1988 plaintiffs husband was involved in a motor vehicle accident while operating an automobile owned by plaintiff.