CLARKE v. LIBERTY MUTUAL FIRE INSURANCE CO.

2016-07866. Index No. 9209/15.

150 A.D.3d 1192 (2017)

55 N.Y.S.3d 400

2017 NY Slip Op 04250

ALTHEA CLARKE et al., Appellants, v. LIBERTY MUTUAL FIRE INSURANCE CO., Respondent.

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

Decided May 31, 2017.


Ordered that the order entered June 24, 2016, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, upon reargument, the order dated February 1, 2016, is vacated and the plaintiffs' motion for leave to enter a default judgment against the defendant is granted, and the defendant's cross motion pursuant to CPLR 3012 (d) to compel the plaintiffs to accept its late answer is denied.

On October 20, 2013, the plaintiffs were involved...

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