Inserra v. Porto

Order unanimously modified to provide that the denial of the motion to vacate the default, be with leave to renew upon proper papers, and as so modified, affirmed, with costs to respondent. Memorandum: Plaintiff has been granted a judgment in the amount of $3,591.50 in an action for malicious prosecution, following defendant’s default in answering or appearing in the action. Defendant thereafter movedlo vacate the judgment on the ground that the default was occasioned by the excusable neglect of his attorney, contending that an answer and notice of appearance had been prepared but that he had…