Van Ness v. Aetna Casualty & Surety Co.

In an action to recover damages predicated upon breach of an insurance contract and a broker’s malpractice, defendant John T. Balfe Company appeals (1) from an order of the Supreme Court, Westchester County, dated June 16, 1976, which (a) denied its motion pursuant to CPLR 3012 (subd [b]) to dismiss the action for failure to timely serve a complaint and (b) granted plaintiff-respondent’s cross motion to be relieved of her default and (2) as limited by its brief, from so much of a further order of the same court, entered December 15, 1976, as, upon reargument, adhered to the original…