Nason v. Fisher

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered May 9, 2003, which denied plaintiffs’ motion for, inter alia, “summary judgment” in this action alleging breach of a retainer agreement, constructive fraud, and other claims, and granted defendants’ motion to compel plaintiffs to accept the verified answer “out of time in this action” by deeming the answer to be served nunc pro tunc as of the date of service of defendants’ notice of motion, on condition that defendants’ counsel forward a check in the amount of $350 in costs to plaintiffs within 10 business days, unanimously…