Genesee Management, Inc. v. Barrette

*875Appeal from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered October 15, 2002. The order, insofar as appealed from, vacated a default judgment against defendant Fireman’s Fund Insurance Co.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a declaration that Fireman’s Fund Insurance Co. (defendant) must defend and indemnify them in the underlying action. Plaintiffs moved for a default judgment upon the failure of defendant to answer the complaint…