Appellate Division of the Supreme Court of the State of New York June 23, 2003 (Hospital for Joint Diseases v. Kemper Insurance)

—In an action pursuant to Insurance Law § 5106, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated August 8, 2002, as denied its cross motion to vacate a judgment entered upon its failure to appear or answer the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.