Warbett v. Polokoff

Order, entered March 4, 1964, denying motion by plaintiffs to open their default in service of a reply and to vacate inquest taken upon defendant’s counterclaim, reversed, on the law, on the facts, and in the exercise of discretion, without costs, and motion granted. The action was brought to recover for personal injuries sustained in an automobile accident and the counterclaim seeks to recover damages to defendant’s vehicle. The plaintiffs make a prima facie showing of a meritorious defense to the counterclaim and that the default was inadvertent due to a misunderstanding between plaintiffs’…