Aerovias De Mexico, S.A. De C.V. v. Malerba, Downes & Frankel

—Order, Supreme Court, New York County (Beverly Cohen, J.), entered June 23, 1998, which, inter alia, granted defendants’ motion to vacate a default, unanimously affirmed, without costs.

Plaintiffs had a lien for medical expenses reimbursed by them to one of their employees, who was represented by defendants in an underlying personal injury action. The parties to the present action entered into negotiations to compromise the lien at 50 percent. After settling the underlying personal injury action, defendants sent plaintiffs a check for 50 percent of the lien, less one-third for its counsel…