Balint v. Marine Midland Bank, N. A.

In an action to recover damages, inter alia, for breach of contract, defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 16, 1984, which granted plaintiffs motion to vacate his default in the service of a timely reply to defendant’s counterclaim and to permit the late service thereof.

Order affirmed, without costs or disbursements. Plaintiffs time to serve his reply is extended until 20 days after the service upon him of a copy of the order to be made hereon, with notice of entry.

On February 15, 1984, defendant served upon the plaintiff an…