Dole Food Co. v. Lincoln General Insurance

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered July 17, 2008. The order, inter alia, granted plaintiffs’ motion for a default judgment against defendants Lincoln General Insurance Company and Leonard’s Express, Inc.

It is hereby ordered that the order so appealed from is *1494unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and plaintiffs are directed to accept service of the answer of defendants Lincoln General Insurance Company and Leonard’s Express, Inc. dated May 14, 2008.

Memorandum: In this declaratory…