Wydallis v. United States Fidelity & Guaranty Co.

In an action to recover damages for breach of a contract of insurance, the plaintiff appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered May 22, 1985, which granted the defendant’s motion to dismiss the complaint for the plaintiff’s failure to answer certain interrogatories.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a hearing and new determination in accordance herewith.

The defendant served interrogatories upon the plaintiff who either failed to provide an answer…