SZCZEPANSKI v. SEC. MUT. FIRE INS. CO. OF NEW YORK


66 A.D.2d 818 (1978)

Reginald N. Szczepanski et al., Respondents, v. Security Mutual Fire Insurance Co. of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1978


Order reversed, without costs or disbursements, and plaintiffs' motion denied on condition that defendants' attorney, Whitman & Ransom, personally pay $250 to plaintiffs within 20 days after entry of the order to be made hereon; in the event that such condition is not complied with, order affirmed, with $50 costs and disbursements.

The record does not suggest that the conduct of defendants or their counsel was willful or contumacious. Therefore, it was an improvident...

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