Fox v. Hartmann

In an action to recover damages for, inter alia, malicious prosecution and prima facie tort, plaintiff appeals from an order of the Supreme Court, Rockland County (Kelly, J.), entered March 4,1982, which granted defendants’ motion to vacate their default in pleading, to vacate the notice of inquest filed by plaintiff and to direct plaintiff to accept service of their answer, and denied plaintiff’s cross motion for leave to place the action on the calendar for an inquest as to damages. Order affirmed, with $50 costs and disbursements. The instant action was commenced by service of a summons…