Levy v. Cusumano

—In an action to recover damages for breach of contract, conversion, and fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), dated October 5, 1992, which denied their motion for leave to enter a default judgment in their favor against the defen*520dants Anthony Pariti and Carol Pariti based on their default in timely serving an answer.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for an inquest to determine the amount of damages.

As a general rule, a…