Philadelphia Indemnity Insurance v. Community Assistants Transportation, Inc.

—In an action to recover insurance premiums, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated September 17, 1997, which granted the defendants’ motion to vacate an order of the same court, dated April 16, 1996, granting the plaintiff’s motion for leave to enter a judgment against the defendants upon their default in answering the complaint. The plaintiff’s notice of appeal from the decision dated September 4, 1996, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the appeal is dismissed, with costs.

The defendants’…