Plakstis v. Cadieu

In an action to recover damages for malicious prosecution, the defendants appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), entered April 17, 1990, which granted the additional counterclaim defendant’s motion to renew its motion to vacate its default in replying to the defendants’ counterclaims, and, upon renewal, vacated the additional counterclaim defendant’s default.

Ordered that the order is modified, as a matter of discretion, by adding a provision thereto that the additional counterclaim defendant’s former counsel Charles L. Briefstein shall personally pay a…