Mannering v. State Farm Fire & Casualty Co.

In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated June 17, 1987, which denied their motion to vacate an order of the same court entered upon their default, dismissing their first cause of action based on the defendant insurer’s fourth affirmative defense.

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the plaintiffs’ motion is granted on the condition that the plaintiffs’ attorney personally pay $1,000 to the defendant within 20 days after…