S.G.S.G. Construction Corp. v. Marr

— In an action to recover damages for breach of contract, defendant Jerry Marr appeals from an order of the Supreme Court, Westchester County (Rosenblatt, J.), entered July 19, 1982, which denied his motion for a default judgment against plaintiffs on his counterclaims and granted plaintiffs’ cross motion to vacate the default upon condition that plaintiffs serve their reply to Marr’s counterclaims within 20 days of the date of entry of the court’s order. Order reversed, on the law, with costs, appellant Marr’s motion for a default judgment on his counterclaims against plaintiffs granted, and…