Foglia v. Fashion Floors Inc.

In an action to recover damages, inter alia, for breach of warranty, defendant appeals from an order of the Supreme Court, Suffolk County, dated March 25, 1980, which denied its motion to vacate a default in answering and granted plaintiffs’ cross motion to have the matter calendared for an inquest. Order reversed, withoqt costs or disbursements, motion granted and cross motion denied, on the conditions that defendant serve its answer and pay $250 to the plaintiffs within 10 days after service upon it of a copy of the order to be made hereon, together with notice of .entry thereof; in the…