Levine v. Aetna Casualty & Surety Co.

In an action to recover damages for failure to pay a claim on a homeowner’s insurance policy, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Molloy, J.), dated September 28, 1990, as conditioned the vacatur of her default in filing a note of issue upon her payment of $2,500 in sanctions and $2,500 in counsel fees, and the defendant cross-appeals from so much of that same order as granted the plaintiffs motion to vacate (1) her default in filing a notice of issue and (2) an order of the same court, dated May 24, 1990, which dismissed the complaint based…