Garkusha v. Mutual of Omaha Insurance

In an action, inter alia, to recover on an insurance policy, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated December 8, 1997, which denied his motion to vacate an order arid judgment (one paper) of the same court, dated August 15, 1996, granting the defendant’s motion for summary judgment dismissing the complaint and for judgment on its counterclaim upon the plaintiffs default in responding to the motion, awarding the defendant the principal sum of $10,000.56 on its counterclaim against him.

Ordered that the order is affirmed, with costs.

On his…