44 Lexington Associates, LLC v. Liberty Mutual Group, Inc.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered May 11, 2016, which, inter alia, denied plaintiffs’ motion to vacate their default resulting in dismissal of their action, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about August 18, 2016, which denied plaintiffs’ motion for leave to reargue the May 11, 2016 order, unanimously dismissed, without costs, as taken from a nonappealable order.

Defendant Liberty Mutual agreed to fully defend plaintiffs in the underlying personal injury action subject to a reservation of rights on…