MAINA v. NATHAN'S FAMOUS, INC.


25 A.D.3d 588 (2006)

807 N.Y.S.2d 640

VICTOR LA MAINA, Respondent, v. NATHAN'S FAMOUS, INC., Respondent, et al., Defendants, and NATIONAL UNION FIRE INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

January 17, 2006.


Ordered that the order entered August 22, 2003 is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the appellant's motion to vacate is granted, the order dated December 3, 1999 is vacated, and the plaintiff's motion is denied.

Under the circumstances of this case, the motion of the defendant National Union Fire Insurance Company (hereinafter National Union) to vacate its default in opposing the plaintiff's motion to declare...

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